(영문) 대구지방법원 서부지원 2016.01.28 2015고단1415

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2016.01.28 2015고단1415

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 29, 2015, the Defendant: (a) 02:22 at “C cafeteria” located in Daegu-gun District Court Decision 2015, on the ground that the Defendant drinking alcohol together with the victim D(41 tax) with the victim D, and the victim her mental tea, she followed the sofa, followed the sofa, and threatened the victim of the disease, which is a dangerous thing, and then put the victim into threat as to the harm of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture was punished more than 10 times due to the same crime. In particular, around October 2012, the defendant was sentenced to a suspended sentence of one year for the same crime, and the defendant was sentenced to a suspended sentence of two years for the same crime. In light of the fact that the defendant committed the instant crime of intimidation, which is a dangerous object, even though he had the record of being sentenced to a fine again due to the crime of injury at around that time, the defendant's responsibility is very heavy.

However, it appears that the defendant led to the confession of the crime and reflects on the depth of the crime, the above crime was committed by the defendant in a state of drunken, and the degree of damage to the victim was relatively minor, and the victim was merely agreed with the victim immediately after the above crime was committed so that the victim was not punished against the defendant, and other sentencing conditions such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, relationship with the victim, and circumstances after the crime shall be determined as ordered by the order.

참조조문

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