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(영문) 전주지방법원 군산지원 2020.03.04 2019고단1394

특수협박등

Text

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

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

Reasons

Punishment of the crime

1. On October 6, 2019, the Defendant of special intimidation, around 1:20 on October 6, 2019, in front of the Defendant’s residence B, and on the ground that the victim C (the 18-year-old age) took a bath to himself/herself in his/her dwelling, the Defendant: (a) took a dangerous object stored in his/her dwelling ( approximately 13 cm length, approximately 20 cm in total length) with the victim’s location; and (b) threatened the victim by acting as the victim’s breast part as he/she was in his/her chest.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant assaulted the victims, at the time and place stated in paragraph 1, on the ground that the person who expressed his/her desire to flee to himself/herself, and on the ground that he/she escaped, he/she saw the face of the victim E (the age of 14) on the floor of his/her hand, twice the face of the victim E (the age of 14) who continued to go next to him/her, and twice the face of the victim E (the age of 14) on the floor of hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Application of Acts and subordinate statutes to a report on voluntary behavior, internal investigation, and investigation report [the defendant asserts that the knife does not pose a threat to the victim, but the defendant's act does not accept the above assertion because the defendant's act constitutes a crime of special intimidation sufficiently, if all evidence in its holding, such as the victim's detailed and consistent statement that knife the knife caused fear, and the witness's statement corresponding thereto, are added.]

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 260 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment);

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

1. The suspension of execution against minor victims under Article 62(1) of the Criminal Act may cause serious loss of human life.