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(영문) 제주지방법원 2017.09.27 2017고단1245

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 10:50 on March 25, 2017, the Defendant: (a) claimed in front of the apartment commercial building B at Jeju, the Defendant: (b) claimed in C (52 3) the Defendant, who had been waiting to leave the house; (c) used two knifes (10.5 cm in total length) which are dangerous articles in advance being used for the victim’s waiting to leave the house; and (d) caused the victim to die.

“Along with the great lux of knife, knife knife had expressed the attitude that the victim seems to inflict a bodily injury on the victim’s life and body.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. A written agreement;

1. Application of related Acts and subordinate statutes to 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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall be taken into consideration that the defendant has been sentenced to a fine of the same kind but

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;