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(영문) 대구지방법원 2016.05.10 2015고단5907
특수협박
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 22, 2015, at the “D cafeteria” located in Daegu Jung-gu, Daegu, about 21:00, the Defendant, while smoking alcohol together with the victim E (44 ) while drinking alcohol and drinking alcohol outside the restaurant, and the injured person was punished for trial expenses by the defect appraisal of the residues related to his/her duties, the victim first entered the restaurant with the victim who gets into the restaurant, and let him/her get off the table on the table, and then released the above shoulder-jin disease, which is a dangerous object in the future of the victim, and threatened the victim, as he/she was the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the photograph of a shouldered sicker;

1. Relevant legal provisions and reasons for sentencing under Articles 284 and 283 (1) of the Criminal Act (elective of imprisonment) of the Criminal Act concerning the crime;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the basic area (six months to one year and six months) of the crime of intimidation (special intimidation) (no person subject to special sentencing];

2. Consideration - Consideration - Consideration - Unfavorable circumstances: The 11-time criminal punishment of the Defendant, including the suspension of the execution (two times), due to injury, alcohol alcohol, etc. - Other factors of sentencing specified in the records of the instant case, including the Defendant’s age, sex, health conditions, home environment, motive, means, consequence, and conditions of sentencing.

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