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(영문) 수원지방법원 안양지원 2016.06.02 2016고단351

특수협박

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant was dissatisfied with the victim on the ground that the victim was parked in front of the Defendant’s house while living in a building adjoining the victim C(30) and the victim was complained of his own view.

On March 18, 2016, the Defendant sent a bath to the victim when the victim was parked in front of the defendant's home and her getting off on the road in front of the victim's residence located in Si/Gunposi D around 18:10 on March 18, 2016.

Accordingly, the victim does not call to the defendant.

말을 하자, 피고인은 갑자기 격분하여 피해자에게 “ 너 잠깐만 기다려 봐! ”라고 말한 후, 피고인의 집 1 층 신발장에 있던 위험한 물건인 과도( 총 길이 : 약 21cm, 칼날 길이 : 약 11cm) 2개를 가져와서 위 과도 2개를 피고인의 오른손에 쥔 후 피해자의 가슴 부위를 찌를 듯이 수회 휘두르고, 피해자가 이를 피하자 계속해서 위 과도 2개를 양손에 1개 씩 칼끝이 아래를 향하도록 쥔 후 피해자의 목 부위를 찍을 것처럼 수회 휘둘렀다.

The defendant continued to kill the victim in his/her hand, and bear or her wall to the building, and he/she will kill the victim.

“.....”

Accordingly, the defendant threatened the victim with over-the-counter goods.

Summary of Evidence

1. Partial statement of the defendant;

1. The second-time suspect examination protocol against the accused;

1. Statement made by the police against C;

1. Hearing statements from victims by telephone;

1. A protocol of seizure and a list of seizure;

1. 112 A list of reported cases;

1. Application of the photograph of the case, the photograph of the case submitted by the victim, and the video statutes;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the punishment ] the category 4 of the Act on the Development of Native Crimes (Habitual, Cumulative Offense, Special Intimidation) (the basic area of the Act from June to June).