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(영문) 수원지방법원 여주지원 2017.09.12 2017고단718

특수협박

Text

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

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

Reasons

Punishment of the crime

On May 7, 2017, at around 13:00, the Defendant was in charge of the Defendant’s cell phone at the request of the victim of the Victim C (59 tax, n, n) in the Seoul metropolitan city B (59 tax, n, etc.) and was in charge of the Defendant’s cell phone at the victim’s request.

While the defendant thought that he should locate his mobile phone again, he found the kitchen knife ( approximately 25 cm on the blade, approximately 14 cm on the knife), and the knife ( approximately 16 cm on the part of the knife, about 10 cm on the knife), which is a dangerous object located far from the floor, and knife on the part of the knife in order to find the mobile phone left by threatening the victim, and put the kitchen knife into the part of the knife, and then put the kitchen knife to the part operated by the victim.

At around 18:50 on the same day, the Defendant took knife the knife on the part of both horses in the restaurant, and put the customers up “C”.

Although the victim threatened with the death, the defendant who re-enters the knife into the knife with the knife, was tightly pushed the defendant out of the restaurant.

Accordingly, the defendant tried to take the kitchen knife in the kitchen in a way that he does not take the kitchen knife of the victim's knife and the victim's knife could not take the kitchen knife by taking the victim's knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment from six months to one year and six months (based on the basis);

2. There was a dispute over the calculation of the liquor value of the sentence, which led to the instant crime by contingency, the defendant's time of his act and reflects his depth, and the victim immediately after his crime is committed.