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(영문) 의정부지방법원 2017.01.12 2016고단5024

특수협박

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized No. 1 (blades) shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant is legally married with the victim C (V, 45 years old), and is under separate occupation due to the debt of the victim from September 2015.

On November 15, 2016, the Defendant waiting for the victim to work in front of D elementary school due diligence when the victim works in both weeks on November 15, 2016, 190 knife the knife (30cm in total length, 17cm in length) that the victim prepared in advance, and whether the agreement is not complied with;

The term "the dead and the dead, the same deceased, and the dead," thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that there was a serious conflict between the defendant and the defendant as a day on which the victim caused a large amount of debt for the reason of sentencing, and the fact that the defendant in his/her country was found to find the victim by contingency, so that the victim's contact could not be easily contacted.

However, the act of harming another person's life and body, and intimidation as if doing harm or danger to another person's life and body cannot be justified for any motive, and it should be subject to criticism.

At present, the injured person expressed his/her intention that he/she would not be punished by the defendant, but even before the defendant, he/she saw the dead person as the victim.

At the time of the instant case, the Defendant directly knifeed the victim and went to work at the police, and the victim was also dead and the victim was also considered to have died.

At the time, the defendant was unable to report to the police, and the victim was able to report it to the police. In addition, there was an assault or intimidation by the defendant.