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(영문) 대구지방법원 2017.09.22 2017고단4115
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 31, 2017, at the entrance of the defendant's dwelling located in Daegu Suwon-gu B202 around 09:30 on the ground that the victim C (here, 25 years of age) brought about friendly with D by male-child arrest. The defendant saw the food knife (18cc in length on the knife), which is a dangerous object in the singke, to the victim, and "Ssknife knife knife knife knife knife knife knife kn

For the purpose of this Act,

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C, E, and D;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Defendant’s crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is very dangerous because of the use of dangerous objects, and thus, it is necessary to strictly punish the Defendant.

However, the agreement with the victim, there is no history of criminal punishment against the defendant, and the fact that the defendant is against the defendant should be considered as favorable circumstances.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, etc., along with the motive and background of the crime in this case, and the relationship with the victim, shall be determined as per the disposition.

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