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(영문) 대구지방법원 2019.10.31 2019고단4180
특수협박
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 29, 2019, at around 15:55, the Defendant: (a) threatened the victims C (the 24 years of age) and the victim D (the 25 years of age) with a tobacco smoking and the Defendant’s remarks in front of the Daegu Northern-gu B Manionion. However, the Defendant threatened the victims by taking off the camping raid blades (the total length of 18cc, the knife length of 8cc), which are dangerous objects in the bank, into his hand, with a knifeing knife, and pushing them toward the victims; and (b) it is not more than seven years of age if the knife knife knife knifs."

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Reasons for sentencing under Article 59 (1) of the Criminal Act of suspended sentence;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 4] repeated crimes, special intimidation (special sponsor]: Where the degree of intimidation is insignificant (type 1, 4, and 5), where the amount of intimidation is minor (including efforts taken to recover damage), the amount of punishment is not imposed (including efforts taken to recover damage), or considerable damage is recovered (the area of recommendation and the scope of recommendation), the area of special mitigation, the area of imprisonment with labor for one month to one year;

3. The decision of a suspended sentence: the sentence shall be suspended by taking into account the following circumstances: the defendant was sentenced to a suspended sentence against the defendant for six months of imprisonment and committed a mistake; the defendant was the first offender without any previous conviction except this case; the victims were paid five million won each time in advance; and the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime; and the circumstances of sentencing specified in the records of this case, including the defendant's age, character and conduct, family relation, home environment, motive and means of the crime; and the circumstances after the crime, etc.

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