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(영문) 대구지방법원 2016.05.26 2015고단5524
특수협박등
Text

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

1. On October 25, 2015, the Defendant damaged property: (a) around 00:35, at the Defendant’s home located in Daegu-gu, Daegu-gu, the victim D, who is the spouse, wanting to drink “However, the victim wanted to do so, but did not wish to do so, and had the victim and the joint owner of the victim in the ward gather a arbitr who was in common with the victim in the ward.

2. Special intimidation: (a) the date and time mentioned in paragraph (1) and at the place, the victim was frighted, which is a dangerous object that the victim was frighted to take out of the house; and (b) the Defendant incidental to the living room’s hands.

In addition, only her husband and her husband and her husband and her husband and her husband and her her husband and her husband and her her husband and her husband and her her husband and her her husband and her husband and she

The defendant carried with himself a dangerous object, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 284, 283 (1) (a point of threat to carry dangerous articles) and 366 of the Criminal Act concerning facts constituting an offense;

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 suspended execution;

1. For the reason of sentencing of Article 62-2 of the Criminal Act for the observation of protection and punishment, the scope of the final sentence due to the aggravation of crimes in Article 62-2 is as follows: (a) the basic area of crimes in Type 4 (Habitual, Cumulative, and Special Intimidation) [the scope of the recommended punishment] [the scope of the crimes in Category 2] that has no special sentencing person / [the scope of the recommended punishment] under the basic area of Category 1 (Destruction to October) [the person with special sentencing] [the scope of April to October] under the basic area of Category 1 (property damage, etc.] (the scope of the recommended punishment]: June to 11 [the decision of the sentence]; (b) the defendant has the history of identical violent crimes against the defendant; (c) the fact that the defendant suffers from a disease, such as brain tension; and (d) the fact that the defendant suffers from the disease, such as the defendant and the victim; and (d) the records and changes in the records of this case and the behaviors of this case.

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