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(영문) 대구지방법원 김천지원 2018.03.27 2017고단487
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, 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, at around 00:15 on March 17, 2017, was under the influence of alcohol on the front side of D, which is located in Gumi-si, Simi-si on March 17, 2017, listened to the horses that she would enter the house from the victim E (16 years of age) and from the victim F (16 years of age) and taken off the transition (23 cm in total, 12 cm in length) which is a dangerous object inside and outside, while the Defendant was under the influence of alcohol.

As we like the above brush of their uniforms while taking a bath, they continued to go to the victims who are adjacent to the defendant and put them over, and the same is applied to the police when you report to the police.

The death shall be discarded.

“The victims threatened each other as they might inflict harm on the body of the victims.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to field photographs and criminal implements photographs;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

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

1. Application of the sentencing criteria;

(a) Each special crime of intimidation [the scope of a recommended punishment] Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) in the mitigation area (4 months to 1 year), and mental or physical weakness (a person who has been specially mitigated) (no person responsible for himself/herself);

B. From 4 months to 1 year and 6 months from the application of the standards for handling multiple crimes (the sum of 1/2 of the upper limit of the sentence of special intimidation against victim E with respect to the basic criminal victim E)

2. The defendant who has rendered a sentence threatens two victims to their knife.

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