(영문) 대구지방법원 2016.11.24 2016고단3232

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(영문) 대구지방법원 2016.11.24 2016고단3232

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 of the final judgment.

Reasons

Punishment of the crime

On May 16, 2016, the Defendant: (a) around 12:15, around 12:15, 2016, sent a brupted victim, who was well aware of and about to find out the victim who was born in the middle of Daegu Northern-gu, Daegu Northern-gu, the Defendant: (b) divided the first race of the victim, who was well aware of and about to find out the victim; and (c) assaulted the victim, who was in the vicinity of the front door, of the front door of the front door of the front door of the front door (the total length of 21cm, 10.5cm in the blade length).

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act [Scope of Recommendation] No person who has no basic area (6 to 10 months) (6 to 10 months) of the crime of assault (special assault) [decision of sentence] [Determination of sentence] under Article 48 (1) 1 of the Confiscation Criminal Act] (Article 48 (1) of the Criminal Act is disadvantageous to the defendant, such as: (a) the fact that the defendant is a dangerous object in the course of organizing an internal relationship with the victim, and that the nature of the crime is not weak; and (b) the victim has not been excessively displayed; and (c) the defendant denies the crime; (d) other favorable circumstances such as the fact that the defendant is the primary offender; (e) the defendant's age, character and behavior, intelligence and environment; (e) the motive, means and result of the crime; and (e) the circumstances after the crime, etc., the punishment as ordered shall

The portion not guilty (not guilty)

1. The prosecutor charged a public prosecutor with special intimidation, not a special assault crime, with the content that the defendant threatened the victim, as stated in the facts charged, with excessive restriction, which is a dangerous object, as stated in the judgment.

2. In order to establish a crime of cutting down or intimidation, the content of the harm and injury notified shall be the offender and the other party’s tendency, surrounding circumstances at the time of notification, and the offender.

참조조문

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