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(영문) 대전지방법원 2020.09.24 2020고단241

특수협박

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 20:25 on December 17, 2019, the Defendant displayed the kitchen knife (the total length of 31cm, 22 cm on the day) which is dangerous things in the kitchen, on the ground that the Defendant did not repay the money lent to the victim at the restaurant operated by the Victim C (A, who is 57 years of age) in Sejong B, and threatened the victim by stating that “I will not pay the money borrowed to the Defendant. I will die the money if you want to do so.”

Summary of Evidence

1. The defendant's partial statement C in court;

1. Protocol of seizure and seizure of the police statement with C;

1. Application of Acts and subordinate statutes on site photographs

1. Article 284 and Article 283 (1) of the Criminal Act that applies to criminal facts, Articles 284 and 283 of the Criminal Act that choose to suspend the execution of imprisonment, Article 62 (1) of the Criminal Act on probation;

1. A summary of the argument of the defendant and his defense counsel regarding the argument of the defendant under Article 48 (1) 1 of the Criminal Code of Confiscation does not include any fact that the defendant had no knife shown to the victim at the date and time stated in the facts charged, and there is no fact that the defendant made a statement to the

2. The victim, in the investigative agency and this court, stated in this court that the defendant had a kitchen knife on the ground of plastic blacing with Cheongbro in which the defendant had a kitchen knife, and that the defendant had a kitchen knife "," which is operated by the victim on the date and time stated in the facts of the crime, and that the defendant had a kitchen knife on the ground of plastic blacing, and that the defendant had a kitchen knife "," "...." Since the statement is specific and consistent, the credibility

Therefore, comprehensively taking account of the statements of the victim and each of the above evidence submitted by the prosecutor, the fact that the defendant has threatened the victim with the kitchen knife, such as the records in the facts charged in this case, and the defendant and the defense counsel's assertion against this is without merit.

The reason for sentencing is that the defendant is a restaurant operated by the victim at night.