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(영문) 대구지방법원 2018.11.20 2018고단4062
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 7, 2018, the Defendant: (a) taken a kitchen in Daegu Dong-gu B, Daegu, the victim C (n, 60 years of age) at the restaurant operated by the victim C (n, 8 years of age) in the Dong-gu, Daegu-gu, 2018, for the reason that the victim she took a large amount of drinking water from the victim's cafeteria, "doing and hiding it into the house; (b) thereby making the victim take a kitchen, which is a dangerous thing from the kitchen, and then, (c) made the victim’s body or life, and (d) repaired the kitchen, which is a dangerous thing from the kitchen, and (d) made the victim take the kitchen at the same place, and (d) made the victim take a part of the kitchen, which is the victim's body or life, and (d) made the victim take part in the kitchen, which is owned by the victim.

Accordingly, the defendant carried dangerous articles, threatened the victim, and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Application of the Acts and subordinate statutes of photographic pictures of criminal tools and damaged tables;

1. Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the same Act concerning criminal facts and Articles 369(1), 366 of the Criminal Act (the point of destruction of special property) and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In the event that: (a) the sentencing period of Article 62-2 of the Criminal Act; (b) Article 62-2 of the Medical Care and Custody Act; (c) Article 44-2 of the Act on the Medical Care and Custody, Etc. for the reasons of sentencing is subject to the mitigation area (the scope of recommended punishment / [the scope of repeated crimes and special intimidation] Article 4 of the Act on the Medical Care and Custody, etc.; and (d) the mitigation area (including those who have been specially mitigated) [the scope of recommended punishment] Article 2 of the Act on the Punishment, etc. (including those who have been seriously damaged for the recovery of damage); or (d) substantial damage has been recovered, the mitigation area of punishment pursuant to the mitigation area of punishment (one month to eight months) [the scope of punishment for repeated crimes and special damage] Article 44-2 of the Act on the Medical Care and Custody, etc. (including those who have been specially mitigated] where a considerable damage has been recovered, the scope of final sentencing by the majority of crimes: February 1 to April 1 to April.

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