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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1279

특수협박등

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is the friendship of the victim C (n, 30 years of age), and is the spouse of the victim D (n, 57 years of age).

At around 19:30 on August 28, 2016, the Defendant threatened the victim C with a kitchen, a dangerous thing in the kitchen ( approximately 33 cm in total length, approximately 25 cm in knife length) on the ground that the victim C talks about the dissatisfaction in the room of the victim C at the port where the Defendant and the victims were living. On the other hand, the Defendant threatened the victim C with the kitchen knife on the part of the victim C, and used the kitchen knife on the ground that the horses were talked by the victim C, and used the kitchen knife on the part of the victim D and used the kitchen knife at one time.

Accordingly, the defendant carried dangerous articles and threatened the victim C with intimidation and assaulted the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to photographs of the tools of crime attached to a report on investigation;

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Articles 261 and 260 (1) of the Criminal Act (the occupation of special violence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. As to the defendant and defense counsel's mental and physical disability under Article 62 (1) of the Criminal Act

1. The alleged Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. According to the records, although the defendant was found to have drinking at the time of the crime, he was found to have the ability to discern things or make decisions.

It does not seem to be in a state or weak.

We do not accept the argument that the defendant was in a state of mental or physical disability.

The reasons for sentencing are disadvantageous.