logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2018.02.01 2017고단304
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the past, the defendant had been dissatisfied with the idea that he was guilty by purchasing the neighboring victim C(65)'s land that is a neighboring resident.

On September 14, 2017, at around 17:00, the Defendant threatened the victim with a dangerous object, i.e., about 30cm in length, about 17cm in length, and about 17cm in length, in front of the warehouse, while driving the knife in front of the victim’s death and the warehouse (a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Summary of Evidence

1. Each legal statement of witness A and E;

1. On-site and color photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The assertion and judgment of the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The defendant alleged that he was using the improvement, and there is no fact that he had the victim affected the victim.

2. 판단 살피건대, 피해자는 수사기관에서부터 이 법정에 이르기까지 일관되게 피해자가 지게차를 운전하고 있는 중에 피고인이 죽여 버린다고 소리치며 다가와 뒤를 보았더니 피고인이 낫을 어깨 위로 들고 자신을 향해 쫓아오는 것을 보고 깜짝 놀라 지게차에서 내리던 중 바닥에 넘어진 사실이 있다고

As the statements are made, in light of the fact that the statements are specific and detailed, the statements of the victim E and the statements of the witness correspond to the statements of the victim, the above statements of the victim are credibility.

Therefore, the defendant's above assertion is not accepted, since it can be sufficiently recognized that the defendant is a dangerous object, such as the defendant's facts constituting a crime, and the defendant's intimidation is sufficiently recognized.

The reason for sentencing [the scope of recommending punishment] shall be the crime of intimidation.

arrow