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(영문) 수원지방법원 2018.08.07 2018고단1495

특수협박

Text

A defendant shall be punished by imprisonment for 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

Criminal facts

On March 21, 2018, the Defendant, while drinking alcohol at the “E” restaurant operated by D located in Ssung City on March 21, 2018, said that the Defendant, while drinking alcohol at the “E” restaurant, had a verbal dispute with the victim F (59 cm) who was known to the ordinary public, she said that the Defendant, while working at the restaurant, she called “ dead,” she was in the same way as the kitchen knife ( approximately 31cm in total length, about 19cm in length, about 26cm in total length, about 16cm in knife in total) and called “ dead,” as the victim’s body.

Accordingly, the Defendant, carrying a kitchen, which is a dangerous object, threatened the victim with a kitchen, and the family.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs of dangerous objects used by the person under crime;

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

1. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have caused the crime of this case by drinking and contingently.

The defendant did not exercise his physical force against the victim.

There is no record of criminal punishment exceeding the fine against the defendant.

The defendant has a visual disability in the old age, and is in an economic difficult situation.

Circumstances unfavorable to the defendant are as follows:

The defendant threatened the victim of the kitchen, which is a dangerous thing, in the vicinity of the kitchen and the family.

The defendant did not reach an agreement with the victim.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.