(영문) 대구지방법원 포항지원 2015.12.03 2015고단1008

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(영문) 대구지방법원 포항지원 2015.12.03 2015고단1008

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 21:00 on August 26, 2015, the Defendant: (a) stated that the Defendant drinks alcoholic beverages at a restaurant operated by the victim C (n, 56 years of age) in South-gu, Nam-gu; (b) stated that the Defendant would not be able to drink alcoholic beverages; (c) brought the victim a lebrogate; (d) laid the lebrogate; (c) laid the victim, the victim was going to go, and the victim was released from the scam and the cremation site; (d) laid the beer of the scam and the beer of the scam, which is a dangerous object, putting the scambling, and thrown the scam and thrown the scam, which is a dangerous object.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C (victim) by the police;

1. A report on internal investigation (related to field photographs) and the application of Acts and subordinate statutes governing field photographs attached thereto;

1. Relevant Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of applicable laws concerning criminal facts;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The fact that at latest, women do not have a criminal record exceeding a fine, except for those sentenced to a suspended sentence on one occasion for a crime committed in different types of crimes, such as intimidation of victims, etc., and the contents and form of the crime, the method, and the danger of the crime is bad, and the defendant has a record of being sentenced to suspended sentence due to violent crimes: An agreement is reached with the victim: A suspended sentence due to violent crimes is about 24 years, and it is against the fact that there is no criminal record exceeding a fine, and it is against the mistake that there is no criminal record other than those sentenced to suspended sentence on one occasion for a crime committed in different types of crimes before

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