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(영문) 대구지방법원 김천지원 2019.07.16 2019고단494
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:20 on December 24, 2018, the Defendant: (a) in the C neighborhood located in Kimcheon-si B, Kimcheon-si, the Defendant threatened the victim by stating that “I am kick, kick, kick, kick, knick, knick, knick, knick, knick, knick, knick, and knick, knick, knick, knick, knick, knick, knick, knick, knick, knick, knick, and “I am knick if I am knick,” with the phrase “I am knick.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (in case of contact address of a suspect, attachment of site photographs, and attachment of photographs of seized articles);

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

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62-2 (1), main sentence of Article 62-2 (2) of the Criminal Act, subparagraph 1 of Article 2-3, Article 44-2 (1) and (2) of the Medical Treatment and Custody, etc. Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Scope of punishment by law: Imprisonment with prison labor for one month to three years and six months;

2. Extent of recommendation [decision of type] according to the sentencing guidelines for violent crimes [Type 4] repeated crimes, special intimidation (specially imprisoned person] mitigated element: Aggravation factor: Victims vulnerable to the crime (not responsible in the person in question): Aggravation area of victim [Recommendation area and recommendation range] increased area, six months to two years.

3. In light of the content of the instant crime, the criminal nature is very heavy in light of the following facts: (a) the Defendant, who made a sentence, against a juvenile at a low level, by threatening him/her to put his/her face a bell at a close level;

However, the defendant.

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