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(영문) 의정부지방법원 2016.04.18 2015고단4285

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the Government-Si c 301 tenant who is a building owned by the victim B (62).

On October 20, 2015, around 19:15, the Defendant discovered the victim who had been dissatisfied with the demand to change his house from the injured party, and was dissatisfied with the demand to change his house, and then threatened the victim with a deadly weapon, which is a deadly weapon (12 cm on the blade, 23 cm in total length) in his house and kitchen, which was in his house and kitchen, by putting the knife onto the knife, and displayed the knife on the part of the victim, and by carrying a deadly weapon, the Defendant threatened the victim by carrying it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Protocols of seizure, list of seizure, articles seized and photographics;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act that have been agreed with the victim, the defendant has no criminal record, and the defendant has no criminal record, and all kinds of sentencing conditions disadvantageous to the defendant, such as the defendant's age, sex, and circumstances after the crime, shall be determined as ordered by taking into account.