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(영문) 서울북부지방법원 2017.11.23 2017고단4167

특수협박

Text

The punishment of a defendant shall be ten months.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 5, 2017, the defendant was found in the pharmacy located in Dobong-gu Seoul Metropolitan Government, which was operated by B (V, 52 years old) around 09:3 on September 5, 2017 and was asked to lend the telephone system and rejected it.

The defendant is found to be a pharmacy at around 10:50 on the same day, and "I will die if I will do so. I will do so. I will die in the future.

”라고 윽박지르며 미리 준비해 간 부엌칼( 칼날 길이 16cm) 을 바지 뒷주머니에서 꺼내

As Liba Ba, B was put to B.

피고인은 피고인의 그런 행동을 말리는 D(70 세 )에게 바지 뒷주머니에 있는 부엌칼을 만지면서 “ 너는 뭔 데 이 새끼야! 나서지 마! 너도 죽고 싶어 ”라고 윽박질렀다.

The defendant had a kitchen, which is a dangerous object, and threatened the victim B and D with a kitchen knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. SDR (CCTV);

1. Application of the police seizure protocol statutes;

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

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

1. The confiscation recognizes errors in the determination of punishment under Article 48(1)1 of the Criminal Act;

There are three instances of probation and 12 instances of fine.

It is a crime committed under the influence of alcohol.

However, it has prepared a knife to a pharmacy without any reason that is likely to cause knife to each other during the course of abstinence and threatened the pharmacist with it.

In addition, he also killed a person and threatened him with intimidation.

It is a wrong behavior that can cause serious danger and fear to ordinary people's ordinary life without fault.

The victims want to have reasonable penalties.