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(영문) 의정부지방법원 고양지원 2018.02.22 2016고단2146

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is living together with B, and the victim C (V, 86 years old) is the father and mother of B.

On April 30, 2016, the Defendant: (a) had a dispute between D Apartment 61:50 and D Apartment 614-603 and B on telephone, and (b) had an appraisal, which was a dangerous thing in the kitchen, kn's knife (17cm in the knife length) and was living together with the victim, and was called as “her mother who died and died” toward the victim.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of laws and regulations on police statements made to C, E, and F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the injured person does not want the punishment of the accused, the relationship between the accused and the injured person, the arrangement of the relationship between the injured person and his/her dependants, and the fact that the injured person has no record of the