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(영문) 대구지방법원 2019.06.20 2019고단93
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant and the victim B are in Korean translation B on the family relations register, and therefore G is marked as B.

(hereinafter the same shall apply)

(A) The 35 years old is a married couple's death around November 25, 2007.

On October 11, 2018, at around 15:40 on October 15, 2018, the Defendant: (a) stated that the victim E and F, who is D staff members of Lidong-gun, are "I do not refuse to see as D)" in the victim E, F, and B, on the ground that Lidong-gun C Apartment was found and commercialized; (b) stated that "I do not refuse to see as D; (c)" the Defendant she was a food ricker; and (d) brought a food rown with the food rick; and (e) took the kitchen knick ( approximately 3.5 cm in total length, approximately 21.5 cm in blade length) which is a dangerous thing in the food rick; and (e) said, the Defendant stated that "I am dead." to the victims.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to B, F, and E;

1. Notification of a department related to reporting 112 cases;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant is not good, and that the denial, who is a Vietnam, counsels D staff, makes it a threat with the knife, which is a dangerous thing, and considering the risk of the act, the crime is not good and the degree of criticism is high.

However, the circumstances that form the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relation, circumstances leading to the crime, circumstance after the crime, health condition, etc., are taken into consideration, and the punishment of the defendant is determined as ordered in light of the following: the defendant's recognition of the crime of this case and the victims do not want the punishment of the defendant; and there has been no history of punishment heavier than

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