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(영문) 대구지방법원안동지원 2020.08.12 2020고단154
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 and the victim B(the age of 50) have been living together for about three years.

Around 18:50 on February 25, 2020, at the residential room located in Ansan-si C apartment D around 18:50, the Defendant threatened the victim by having the victim go through the Defendant’s female relations, with a transition (22cm in total length, 10cm in blade) which is a dangerous object that the victim was at the front of the port (10cm in total length, 22cm in blade, 10cm in knife length) and having the victim throw away.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning the report of autopsy, report of internal investigation, investigation report (attached a list of 112 reported cases which have been terminated by domestic violence for the last one year), and the notification of 112 reported cases;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation (the special sponsor] for mitigation: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

3. The instant crime committed by the Defendant in a de facto marital relationship is an excessive threat of the victim while disputing the victim in a de facto marital relationship, and is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case, the victim does not want the punishment against the defendant, and the defendant has no record of punishment exceeding the fine is a favorable condition to the defendant.

In addition, the defendant's occupation, age, character and conduct, environment, motive and background of the crime, means and consequence, and circumstances after the crime are considered.

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