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(영문) 대전지방법원 공주지원 2017.10.13 2017고단219

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2017, at D’s house located in Chungcheongnamyang-gun C around 17:08, the Defendant requested the Defendant to refrain from satising waste in relation to the occurrence of a postponement, etc. by burning waste, and to E (n, 52 years old) who is a neighboring resident, the Defendant made a request to refrain from satising waste.

D. The 112th report of the victim was sent back to the police officer, and the victim was asked to return home from the police officer who was called out after having received the victim's 112 report, the victim saw that the above D gate was drinking out and out of the house, and returned to the Mail of the victim who suffered excessive (15 cm in the blade length) which is a lethal weapon at the defendant's home (15 cm in the blade length), and then the victim returned to the Mail of the above D Ma.

The death will be discarded.

Do Do Do Do Ga.

“I,” and “I, die,” in the direction of the police officer who speaks.

The employee's portion was ba. D. and threatened the victim with the same knife by showing the attitude of harming the victim's body, such as the knifeing of the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

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

1. A report on each investigation (the details of the dispatch and arrest of the scene, the site conditions at the time of the case), and a report processing statement of 112 reported cases;

1. Application of the statutes on site photographs and case-related photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / [the person who does not have any special sentencing seal] / [the decision of sentencing] / The defendant has threatened a victim of the fruit, which is a dangerous object, in light of the fact that there may have been serious consequences. Thus, imprisonment shall be selected in the light of the following: (a) the basic area of the four types of intimidation (Habitual, repeated, special intimidation) (from June to January 6).

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

The defendant's age, sex, family environment, background of the crime, and circumstances after the crime.