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(영문) 대구지방법원 포항지원 2019.09.18 2019고단799
특수협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:10 on May 30, 2019, the Defendant: (a) 12:10 on May 30, 2019, and (b) 12:10, on the ground that the Defendant’s residence located in South-gu, Nam-gu, Sing-gu, and the victim’s misscophy scophys through windows, “Chewing typtypty, scophying early scophyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshys

년. 너는 뭐꼬. 칼로 찔러버린다.

"...." The kitchen, which is a dangerous thing in the kitchen of the defendant's dwelling, was 1 minute of the kitchen (28.5cm in total length, approximately 17.5cm in blade) and flocked out of the dwelling and flock of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

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

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] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. Determination of sentence: In light of four months of imprisonment with prison labor, one year of suspended sentence, the number of crimes in this case, dangerous articles used, etc., poor quality of the crime, the defendant's past record of punishment for violent crimes, the defendant's mistake is recognized, the defendant has no record of punishment exceeding the fine, the defendant has no record of punishment exceeding the fine, circumstances favorable to the agreement with the victim, and other circumstances, such as the defendant's age, character and behavior, motive for the crime, and circumstances after the crime, etc.

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