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(영문) 수원지방법원 2016.12.14 2016고단6370

특수협박

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

At around 14:10 on September 13, 2016, the Defendant: (a) stated that “D” restaurant in Suwon-gu C, Suwon-si, and 1st floor, “A” refers to the victim E (n, 59 years of age) living together for about two months; (b) and the restaurant deposit and restaurant earnings; and (c) made a dispute on the part of the victim’s left side of the victim, who continued to use the knife, which is a deadly weapon (the total length of 34 cm, the knife length of 23 cm) and the victim’s knife on the part of the knife.e., the victim’s knife., the victim’s knife at the left side.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. A victim's photograph, kitchen and blade's photograph;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the method in which each witness, witness statement, and suspect knife the knife is used);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order are several times, and the method of inducing and threatening the victim's knife with the victim is likely to cause extreme harm to life, and the crime is not committed, and the victim's property interest is deemed to have been the cause of the crime, but there are circumstances to be taken into account in the course of the crime, and the victim's damage was recovered after the instant case, and the use of the victim was made by mutual consent. It is so decided as per Disposition in consideration of all the reasons for sentencing.