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(영문) 대전지방법원 2020.09.17 2020고단1881

특수협박

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. On March 18, 2019, the Defendant: (a) around 01:32 on March 18, 2019, 201, the Defendant, while drinking alcohol to a related party C (the 36-year age) and related parties in the Defendant’s residence in the Seo-gu War War B; (b) on the ground that the Defendant did not properly arrange the relationship with the her former female-friendly Gu on the ground that the Defendant did not properly arrange the relationship; (c) her knife the knife, which is a dangerous object in the flife; (d) her body; (e) her knife the Defendant’s hand on the knife; and (e) tried to knife the Defendant’s hand on the knife on the knife on the knife; and (e) threatened the victim by saying

2. On March 28, 2019, at the same place as before and after March 28, 2019 at the same time as the preceding paragraph, the Defendant threatened the victim by stating, “If the Defendant wishes to die, any kniff is knife, and knife knife knife, which is a dangerous object at the seat of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation report (Attachment to 112 Report List) to C on statement of the police, investigation report (a deadly weapon photograph used for committing an offense);

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

1. From among concurrent crimes, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized in sentencing reasons under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, the victim does not want the punishment against the defendant, and the fact that the defendant has no record of being sentenced to punishment yet.

However, the crime of this case is a so-called “defeit violence,” which is committed against the victim who has physically weak mind than himself, and is not good without any longer the nature and circumstances of the crime, and all of the crimes of this case are committed by the defendant at the night or on the new wall.