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(영문) 대전지방법원 2017.01.11 2016고단3608

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person living in Daejeon Middle-gu, Daejeon apartment C, 101 Dong 1113.

On August 24, 2016, the Defendant: (a) carried with the kitchen gate, a dangerous object, and found the above apartment Nos. 1213, 101, 1213 on the ground that the Defendant, around 00:10 on August 24, 201, was living in the Defendant’s house above the Defendant’s house (the age of 81).

A person who has failed to lock by getting out of his place of business.

The victim was threatened by acting as if he would inflict any harm on the victim by opening a door, and by acting as if he would inflict any harm on the victim, such as hand and sprinking the fright of the victim who did not open the fright of the frighter and the frighter, etc.

2. Around 01:13, the Defendant continued to run “G Mart” operated by the Victim F (30 tax) on the first floor of the building of the Daejeon Jung-gu, Daejeon, Daejeon, without calculating, attempted to remove the first class of C, which is equivalent to KRW 1,250, and without calculating the amount of 1,250, the Defendant tried to take away the first class of C, without calculating the amount of money, and the victim prevented the victim from taking the same, and the victim took the kitchen knife, “I have lived about how 5 years, how I would have lived in, and how I would also live in, the building of the Jung-gu, Daejeon.”

3. The Defendant continued to find around 01:20 the above C Apartment 101-1213, the Defendant, while carrying the kitchen knife, putting the kitchen knife, opened the door in hand, and talked with “D’,” thereby threatening the victim as if he would inflict any harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A photograph of a CCTV course;

1. Application of the Act and subordinate statutes to a report on investigation (an investigation into CCTV image of a suspect);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The person shall carry a knife, which is a dangerous object.