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(영문) 수원지방법원 평택지원 2017.12.01 2017고단1386

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

On March 26, 2017, around 13:49, the Defendant: (a) on the 13th floor of the stairs room of Pyeongtaek-si apartment 112, Dong 112, Dong 13; (b) on the ground that the victim D (36 tax) and his/her father E (e.g., 9 years old) are slicking and slicking down the stairs; and (c) on the ground that the kack, which is an object dangerous to the chemical, the Defendant 13:49; and (d) on the ground that the victim E (e.g., the kk k

knife fus fash

“Armony” has reached a sound.

Accordingly, the defendant threatened victims.

Summary of Evidence

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

1. Each police statement made with respect to D, E, and F;

1. Application of statutes concerning telephone recording and abstract;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders

1. Summary of the assertion

A. At the time of this case, there is no fact that the Defendant did not knife the knife, and there is no fact that the victims told knife that knife “ma”.

B. Even if the Defendant, while knife the knife, sound the victim D “nife knife”

Even if there is no intention to do harm, it is merely a simple abusive view without a intention to do so, so it cannot be viewed as a threat of harm and injury to the degree of constituting a crime of intimidation.

(c)

In addition, the defendant did not know any harm to the victim E at the time and did not have any intention to threaten the victim E.

2. The following circumstances revealed in light of the facts found by the evidence duly adopted and investigated by this Court, i.e., victims, from an investigative agency to this court, at the time of this case, the Defendant’s knife at the time of this case

E. The consistent statement is made to the effect that fiff is threatened with fiff, etc., ② immediately after this case is actually committed.