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(영문) 대전지방법원 2019.03.28 2018고단4332

협박

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

The Defendant, who is engaged in the B sales business, was dissatisfied with the fact that the victim C (Nam, 47 years old) engaged in the same type of business, manufactured orders similar to the swords in his knife and sold at a price lower than the Defendant.

From October 28, 2018 to around 10:28 to 10:41, the Defendant threatened the victim with the victim, such as “I will also die at the house,” “I will not leave the house,” “I will see it, I will see it, I will see it,” “I will see it, I will see it, I will see it,” and “I will know you will come to their family members.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to the 112 Reporting Report List, recording records, telephone statement, and investigative report (to hear statements of victims);

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as set forth in the instant pleadings.

A disadvantageous condition: A normal condition in which the victim seems to have suffered a considerable mental impulse due to the instant crime: The defendant is able to make a confession of the instant crime, and the defendant has no record of criminal punishment heavier than the suspended sentence.