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(영문) 창원지방법원 마산지원 2016.10.04 2016고단769

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. Around 08:00 on August 9, 2016, the Defendant entered a special residence intrusion was collected from the victim D (W. 58 years of age) located in C in C in Changwon-si, Changwon-si, Masan-si, which read “I would like to report” in the victim’s currency as of the preceding day, and the victim heards from the victim the phrase “W.” and intrudes into the victim’s residence by carrying a knive knife (30cm in total length, 16cm in length) owned by the Defendant, which is an object dangerous to comply with it.

2. The Defendant of special intimidation threatened the victim, who was sitting in the room at the time, time, and place described in paragraph 1, with a view to taking the knife knife, which is a dangerous object prior to preparation, of his and her own currency, with a knife the knife knife, which is a dangerous object for his and her own knife, and then brings the victim's knife, with a face-to-face, "the death of the victim before nife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The Defendant continued to prepare for a living disease, which was prepared in advance, called “the person who died of the same drinking water,” and went through as if the Defendant died by drinking the water of the mixed person. The victim concealed the knife of the above knife by using the knife in the shock knife, and the Defendant threatened the victim with the kitchen knife (the total length of 31.5cm, 19cc., the length of the day) which is a dangerous thing in the knife, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

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

1. Relevant legal provisions concerning criminal facts, Articles 320 and 319(1) of the Criminal Act (the point of special intrusion upon residence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.