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(영문) 서울북부지방법원 2016.10.13 2016고단2365

특수협박

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 19, 2016, at around 01:40, the Defendant: (a) sought a victim D (manam and 52 years of age) at the Defendant’s residence located in Jung-gu Seoul Metropolitan Government; (b) took a knife knife knife (19cc in blade length, 32cc in total length) and threatened the victim with a knife knife, which is a deadly weapon, in order to drive away the knife and walking the knife).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the defendant or D;

1. Police seizure records;

1. The Defendant alleged that the above act did not reach the degree of "Intimidation" as stated in the crime of intimidation. However, in the crime of intimidation under Article 283 of the Criminal Act, the crime of intimidation is a threat of harm sufficient to cause fear to the other party. As such, whether it constitutes a threat of harm and injury should be determined by comprehensively taking into account all the circumstances before and after the act, such as the offender and the other party's inclination, surrounding circumstances at the time of notification, the relationship between the offender and the other party, and the degree of friendship (see Supreme Court Decisions 2011Do10451, Aug. 17, 2012; 2015Do1489, Feb. 18, 2016; 1) the Defendant reported the victim's knife and reported the victim's knife, and 1) the Defendant reported the victim's knife and 1).

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