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(영문) 대전지방법원 천안지원 2020.03.20 2019고단3349

특수협박

Text

A defendant shall be punished by imprisonment for six 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 November 16, 2019, the Defendant: (a) at the entrance of the Dongnam-gu B apartment Cdong in the Yandong-gu, Chungcheongnam-gu, Seoul; (b) on the ground that the victim D (the age of 66) who is a neighboring resident of the same apartment (the age of 66) brought about the Defendant a dangerous things at the house of the female living together in the above apartment, and opened up the entrance of the above apartment, approximately approximately 24 cm in a kitchen length, which was a dangerous thing at the house of the female living together in the above apartment; and (c) made intimidation to the victim by phone, “kniff knife knifs

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. A public prosecutor seeking confiscation of a seized knife (Evidence No. 1), but the excess is not “goods owned by a person other than the criminal” as owned by E.

There is no declaration of confiscation.

The punishment shall be determined as per the order, taking into account the circumstances following the reasons for sentencing and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as shown in the arguments in this case.

- The degree of intimidation - The degree of intimidation - The victim has been divided and the victim has not been punished.