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(영문) 수원지방법원 2020.01.30 2019고단4547

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

seizure.

Reasons

Punishment of the crime

On May 7, 2019, at around 17:51, the Defendant: (a) held a fixed type blade (13 cm in length, 25.5 cm in length) which is a dangerous object, and carried a test marc with the body of the victim while wearing a test marc on the ground that the victim did not pay the amount of the book leased by the suspect; (b) around 17:51, the Defendant was using a fixed type knife (13 cm in length, 25.5 cm in length), which is the residence of the victim B (39 years of age); and (c) continued to close the marc, “the victim will pay the amount of the book borrowed by account transfer” and “the victim will promptly provide money to the victim and resolve the amount of the book promptly”.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Police suspect interrogation protocol of the accused;

1. The police seizure record and the list of seizure;

1. CCTV photographs and deadly weapons photographs [the knife, which was held by the defendant at the time, was used as a knife, was possessed for defense, and was possessed only for the purpose of defense, and there was no other harm except for lawful act of collecting obligations. However, “Intimidation” in the crime of intimidation refer to the threat of harm sufficient to cause fear to the person who became the other party (see, e.g., Supreme Court Decision 2017Do771, Mar. 30, 2017). The notice of harm was sufficient if it would give the other party awareness that it would cause harm and injury through speech or behavior even if it was not in an explicit way (see, e.g., Supreme Court Decision 2015Do1696, Oct. 26, 2017). The knife, which the defendant was cited by the defendant at the time, is a knife for leisure use, and is not suitable for the knife on the day of hand.