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(영문) 의정부지방법원 2018.04.12 2018고단601

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is residing in 302 among the five-story Lone Building in Gu Council-si C, and the victim D (the remaining and the age of 36) resides in the next house.

On February 15, 2018, the Defendant, at around 03:50 on February 15, 2018, placed the vehicle operation of the Defendant parked in the Bara parking lot and took a speed up to 10 minutes, and returned to her house.

A victim resisted that he was flick at the defendant's house and that he was flick at the new wall time, and the defendant was flick with the victim, and flicked with flick.

After the Defendant’s retirement of breath by the head of the candle, and other talks with the Defendant, the Defendant laid the kitchen knife in the house (20.5cm in length, No. 1) and laid the kitchen knife in the house with the Defendant’s head, and threatened the Defendant with the Defendant as if he was the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Evidence photographs;

1. A report on internal investigation (referring to the case of an on-site inspection);

1. A report on internal investigation (referring to cases to which a photograph of the damaged person is attached at the time of the occurrence of the incident);

1. Investigation report (the form in which the person has a own knife);

1. Investigation report (to hear statements of a victim) and investigation report (to hear statements by the victim's wife or telephone);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Determination of the Defendant’s mental disorder under Article 48(1) of the Confiscation Criminal Act is based on various circumstances such as the background leading up to a crime acknowledged by evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime.