logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.06.09 2019고단3738
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seo-gu District Court Branch of the Daegu District Court, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on September 10, 2019.

【Criminal Facts】

The defendant is the relationship between the victim B (n, 52 years of age) and the relationship between the victim B and the multi-level business.

At around 02:00 on November 23, 2019, the Defendant threatened the victim with a knife (the total length of 29cm, 17cm) which is a dangerous object that had been in the kitchen with the victim due to the business problems while drinking alcohol with the victim at the Defendant’s residence in the Daegu Seo-gu Office C, Daegu, and thereby threatening the victim by using the knife (the total length of 29cm, the knife knife knife knife knife knif

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (No. 4,9)

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-offenders and confirmations);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types of intimidation] / [Type 4] Cumulative Crime, Special Intimidation (Special Intimidation) - Aggravation factors: There is no increased area of repeated crime (excluding the category of repeated crime in four categories) [the area of recommendation and recommendation range] increased, six months to two years [the general person] of imprisonment [the grounds for suspension of execution of sentence] of the same type of repeated crime (excluding the category of repeated crime in four categories].

3. In addition, the Defendant was punished for violent crimes in 8 months of imprisonment with prison labor, and the Defendant committed the instant crime repeatedly without being aware of it during the repeated crime period after the execution of the final sentence was completed, and thus, is highly likely to repeat the crime. Furthermore, the Defendant’s mar who was living with a new mar in an investigative agency and was released from the Defendant’s mar who was living with a new mar in an investigative agency. As such, the Defendant continued to do so.

arrow