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(영문) 대구지방법원 2020.11.11 2020고단3695
특수존속협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for special intimidation, etc. at the Daegu District Court, and completed the execution of the sentence on June 13, 2020.

【Criminal Facts】

Around 14:00 on June 23, 2020, the Defendant: (a) sought money from the victim C (the son, the son, and the 75-year-old) who is the mother in Yongcheon-si B; (b) avoided disturbance; and (c) refused it from the victim; and (d) collected stones, which are dangerous things on the floor of the site, with the victim’s arms, with other hand, and boomed with the victim, and threatened the victim with sound, “Yak-si, the 13th-year-old tax base, the 5th-year-old tax base, and the 75th-year-old amount.”

Accordingly, the defendant carried a dangerous article and threatened the victim who is a lineal ascendant.

On June 21, 2020, the Defendant, around 01:15, 2020, brought a victim E-owned wheel chairs that did not have a lock device before Yongcheon-si.

Summary of Evidence

"200 Highest 3695"

1. Defendant's legal statement;

1. C's report of internal history of family relation certificate of family relation relation certificate of C, 2020 Ma3890;

1. Defendant's legal statement;

1. E written requests for appraisal and response;

1. Each report on investigation;

1. Relevant photographs;

1. Previous convictions: Criminal records, investigation reports (report on confirmation of repeated crimes), personal confinement status, application of statutes of the judgment;

1. Article 284 of the Criminal Act, Articles 283(2) and (1) of the Criminal Act, Article 329 of the Criminal Act, Article 35 of the Criminal Act among the factors relating to the pertinent criminal facts, the choice of a criminal sentence, and the selection of a repeated crime subject to imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Category 1 Crimes (Special Intimidation of Continuances) (Special Intimidation of Continuances) / [Type 4] Cumulative Offense, Special Intimidation (Special Intimidation) : The recommended area of recommendation for victims who continue to exist, the same repeated crime (excluding the types of intimidation of repeated crimes among Types 4); and

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