beta
(영문) 창원지방법원 진주지원 2019.10.24 2019고단834

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant called the victim B (Nam, 31 years of age), and the victim C (Nam, 29 years of age) and Japan retail business, and the defendant called the victim that he would drink alcohol under the upper limit of appraisal due to the problem of the purchase price of the day, etc., and the victim would not receive any death." In order to solve the problem of the defendant, the victim was found in the vicinity of the defendant's residence.

On May 2, 2019, around 21:03, the Defendant: (a) reported the victims to find their residence in front of the E gas station located in Jinju-si D, and used one knife knife (30cm in total length, 18cm in length) which is a dangerous object in the kitchen in which the victims have taken a kitchen, and (b) made them to the victims, and (c) carried out a knife knife with the above knife. The Defendant knife and knife the victims.

Accordingly, the defendant carried a dangerous knife, and threatened the victims as they would inflict bodily harm on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Investigation report (investigation of CCTVs at the scene of damage);

1. Application of existing Acts and subordinate statutes to one kitchen that has been seized;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the following: (a) the defendant committed the instant crime; (b) the extent that the defendant threatened the victims; (c) the risk of dangerous articles used by the defendant; and (d) the records of the previous punishment records of the defendant; and (e) the various conditions of sentencing as shown in the pleadings of the instant case.