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(영문) 대전지방법원 논산지원 2019.08.20 2019고단273

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 June 30, 2019, around 11:54, the Defendant expressed, within the radius of “C” located in Chungcheongnam-gun, Chungcheongnam-do, that, without any particular reason, the Defendant expressed, “C” to the victim D (n, e.g., the head of the office of “C” (n, e.g., the age of 51) who is the head of the office of “C,” without any justifiable reason, that “C is prone and has yet to be left,” and the Defendant was holding a knife (19cm in length, 30cm in length) that is a dangerous thing when she entered the said knife in the light of the defect.

On the other hand, the Defendant continued to use the above knife so that the knife would lead the Defendant, and the victim "I knife so that I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knife I knif

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim, E, and F;

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

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order: Circumstances in which the nature of the crime is extremely poor by threatening the victim in knife: The victim does not want to be punished against the defendant; the defendant's age, character and behavior, environment, criminal records, circumstances of the crime and circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant'