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(영문) 대구지방법원 포항지원 2019.06.20 2019고단320
특수협박
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 13:40 on February 19, 2019, the Defendant: (a) sought the residence of the victim C (n, 64 years old); (b) made the victim’s gate and carried the victim’s cargo into the Defendant’s cargo on the ground that the victim’s contact address for the victim’s her daily life is not known to the Defendant; (c) made the victim’s gate and put the victim’s gate into the Defendant’s “s money (80cm in width, 6cm in length, 16cm in length, and 80cm in length)” and made the victim’s gate, “the flick of flish, flick of flish, and flick of house.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112 Reporting case management table;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the crime. Article 283 (Selection of Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. The execution of a sentence shall be suspended at once, taking into account all the circumstances, such as the fact that the defendant is against the wrong judgment, the fact that the victim does not want the punishment, and the age, environment and family relationship of the defendant, in consideration of the fact that the defendant's age, age of the punishment and circumstances are against the wrong judgment;

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