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(영문) 대구지방법원 김천지원 2019.10.23 2019고단767
특수협박
Text

A defendant shall be punished by imprisonment for six 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

On June 14, 2019, at around 20:15, the Defendant: (a) expressed the attitude that the Defendant would inflict bodily harm on the victim’s body while taking care of knife knife ( approximately 37cm in total length, approximately 23cm in knife) which is a dangerous object that the victim had prepared during the dispute on the grounds that the victim did not provide food properly; and (b) took care of knife and knife knife knife knife knife knife knife knife knife knife knife knif).

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. A written statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on closure photographs;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the scope of intimidation [Type 4] the repeated offense, special intimidation [Special Convicted Persons] - the mitigated elements: In the area of mitigation [the area of recommendation and the scope of recommended punishment], the area of mitigation [the scope of mitigated punishment], and two months to one year [the general person] - There is no record of suspension of execution of punishment [the grounds for suspension of execution of punishment] - There is no record of criminal punishment (the grounds for suspension of execution of punishment): No record of criminal punishment, non-won of punishment - Major illegal grounds:

3. In addition to the above sentencing factors, the following factors were also taken into account: (a) the Defendant’s knife knife used by the Defendant was serious; (b) the Defendant’s knife was aware of the victim’s neighbors; and (c) the Defendant’s application or service report submitted by the victim appears to support the married elderly over 90 years of age.

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