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(영문) 광주지방법원 장흥지원 2020.03.26 2019고단190

특수주거침입등

Text

The defendant shall be punished by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2019, the Defendant: (a) around 10:00, the victim C (the 45-year-old age) was in the family area of the victim C (the 45-year-old), who was the father of the Defendant, made a false statement as if the victim introduced the construction work to D; and (b) the knife (the knife), which is a dangerous object, was replaced by the knife to the knife of the Defendant’s knife, was carried in the knife knife, and

2. 특수협박 피고인은 제1항 기재 일시, 장소에서, 제1항 기재와 같이 휴대하고 있던 위험한 물건인 칼을 꺼내어 손에 들고 피해자 C에게 칼집을 분리하여 칼날을 보이며 “동기야, 너 죽을래 , 으이구~ 우리 애들만 아니면 너를 콱~ 죽여블고 싶다”고 말하는 등 피해자의 생명, 신체에 해악을 가할 듯한 태도를 보여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of five copies of report on internal investigation (five copies of the current status and on-site photographs at the time of withdrawal), five photographs; and

1. Relevant Articles 320 and 319 (1) of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Special Intimidations and Selection of Imprisonment) of the same Act concerning criminal facts;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i., the fact that the defendant is pening his mistake in depth, the circumstances leading to the crime of this case, and the fact that the defendant seems to have made a