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(영문) 대구지방법원 2018.05.17 2018고단1023
특수협박
Text

A defendant shall be punished by imprisonment for four 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 February 26, 2018, at around 07:30, the Defendant threatened the victim with knife (35.5 cm in total length, 24 cm in knife) a knife, which is a dangerous object of the Defendant’s knife, “E” on the first floor of the victim D (the age of 61) in Daegu Northern-gu, Daegu Northern-gu, with the victim’s refusal to take care of the knife from the victim, the Defendant threatened the victim of the knife or the victim of the knife with the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (limited to the attachment of a photograph of the CCTV video recording);

1. Application of the Acts and subordinate statutes concerning knife photographs and CCTV images-fashion 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. Unfavorable circumstances for sentencing under Article 48(1) of the Confiscation Criminal Act: The nature of the crime in light of the motive and background of the instant crime, the instrument of the commission of the crime, etc. Nevertheless, in light of the motive and circumstances leading up to the instant crime, etc., the Defendant recognized the crime and reflects on the victim’s body, etc. A knife circumstances that may not be agreed with the victim. A knife that had been threatened with a knife and did not actually inflict any harm on the victim’s body, etc.

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