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(영문) 대구지방법원 상주지원 2018.05.29 2018고단48
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

On December 23, 2017, around 09:00, the Defendant threatened the victim with each other by threatening the excessive amount of money (19cm in total, 7cm in length) as a dangerous object (7cm in length) being in possession of the victim’s C (n.e., 53 years of age) to pay the money to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each internal investigation report (No. 4,5) and each investigation report (No. 9,10)

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] that there is no type 4 [the person subject to special sentencing] [the scope of the recommended punishment], and the basic area of the recommended punishment for six months to one year and six months;

2. As to the instant crime, the nature of the crime is considerably poor in light of the tool, method, object, place, etc. of the instant crime.

It seems that the shock of the victim was considerably significant.

Defendant has already been punished for a criminal offense of violence.

The above is considered as an unfavorable circumstance.

However, it shall be considered in favor of the fact that the defendant is recognized and reflected in the crime.

In full view of the above points as well as the age of the defendant and other conditions of sentencing specified in the arguments and records of this case, the sentence is determined as per the order, taking into account the characteristics of the case, and the protection and observation to ensure that the victim does not physically have access to the victim against his/her will or have access to the victim by using wired or wireless communications is also ordered.

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