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(영문) 대구지방법원 김천지원 2016.12.01 2016고단912
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2016, at around 00:50, the Defendant: (a) expressed that the victim D(39 years of age) expressed the Defendant “satisf” on the front of the Cmatet located in Gumi-si B, which was a bicycle, and that the Defendant expressed his desire to “satisf” on the part of the Defendant who was carrying a bicycle; (b) thereby, the Defendant threatened the victim by taking the blade (24cm length: 40cm in total, and 40cm in total) as a dangerous thing in the bank where he was carrying a chemical b, etc. on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigative reports (such as attachment, etc. of suspect and seized scarf photographs);

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. Class 4 (Habitual, Cumulative, Special Intimidation) (Special Intimidation) mitigated factors: Imprisonment with prison labor for not more than 4 months to 1 year (the scope of recommending punishment), and imprisonment with labor for not more than 4 months (the area of mitigation);

3. In light of the circumstances leading up to the crime of sentencing, the motive of the crime, etc., the Defendant’s liability is not less and less, but the actual risk result did not occur, and the victim was under multiple alcohol and had misunderstandings, thereby not wanting to punish the Defendant.

Although there is a criminal conviction subject to a fine on one occasion due to an injury, there is no criminal conviction exceeding the same kind of criminal conviction or fine.

The mistake is recognized and reflected.

In addition, the sentencing conditions shown in the argument of this case, such as the age, character, conduct and environment of the defendant, shall be determined as ordered.

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