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(영문) 서울중앙지방법원 2019.07.10 2018고단8496

특수협박

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 November 30, 2018, the Defendant committed the crime of November 30, 2018, around 17:00, and around November 30, 2018, the Defendant discovered the victim D (n, 32 years of age) who hedgingd in Gangnam-gu Seoul (n, BBC C) in Gangnam-gu, Seoul, and used an industrial knife, an industrial knife, which is a dangerous object, and threatened the said victim with “the knife knife knife knife knife knife knife knife knife

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

2. The Defendant committed the crime of December 7, 2018, around 13:10 on December 7, 2018, 2018, deemed the victim’s body was injured by the victim, who was going on the way in front of Gangnam-gu Seoul, Seoul, but said that the victim refused it, and said, “the victim would be dead” and said, “the victim would be dead.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Each written statement and defense counsel asserted that the defendant stated on December 7, 2018 that "the victim" was "the victim" but did not possess an industrial knife.

At the time when the police was reported by the victim and the police was called out, it was not confirmed whether the defendant was in possession of the industrial knife at the time of committing the crime by the police officers called out in the state of leaving the scene.

However, the victim stated consistently that the defendant was aware of his knife from the time of the first declaration to the time of the statement in this court, and that the defendant made a specific statement in the way that the knife is taken out, and that the statement is reliable.

Therefore, according to the victim's statement, the defendant threatened the victim on the knife of industrial knife of dangerous articles even on December 7, 2018.