beta
(영문) 의정부지방법원 2017.03.29 2016고단4266

특수협박

Text

A defendant shall be punished by imprisonment for one year.

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 of "2016 Highest 4266" is the friendship of the victim C(42) and is also residing in the D's house at his/her own government.

피고인은 2016. 7. 13 22:50 경 위 주택 앞 도로에서 부부싸움을 하는 피해 자가 피고인의 만류에도, “ 집을 나가 버리겠다 ”라고 하자, 화가 나 위 주택 2 층 방안에 보관하고 있던 위험한 물건인 도검( 총길이 26cm) 을 꺼 내 어 들고 피해자에게 들이대면서 “ 너, 이 쌔끼, 왜 그래, 형 말 안 들을 거야, 죽을래

“Intimidating” the term “.

On January 28, 2017, 2017, the Defendant: (a) listened to the math of the victim F (V, 59 years of age) who was a related person of the E building 10:00 on Jan. 28, 2017, while drinking alcohol together with the victim F (V, 59 years of age) at the time of the Government-si, the Defendant continued to set the drinking alcohol over four times on the left part of the victim and the victim’s knife (30cm in total length, 19cm in length, 19cm in length) while drinking alcohol with the victim F (V, 59 years of age), and continued to see the victim’s neck from the aftermath of the victim to the knife.

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

Summary of Evidence

"2016 Highest 4266"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Swords and photographs, 112 Reported Materials, "2017 Highest 607";

1. Statement by the police concerning F of the defendant's legal statement;

1. Police seizure records and list of seizure;

1. Investigation report (Influence of assault against a victim);

1. The provisions of Acts and subordinate statutes governing the return of knife pictures, damaged photographs, the list of 112 reported cases handled, the notification of the results of appraisal, and the return of residual appraised;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act with respect to the facts of the crime, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.