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(영문) 수원지방법원성남지원 2020.12.10 2020고단2841

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

At around 20:40 on June 14, 2020, the Defendant: (a) threatened the victim D (here, 61) who is the wife with another male and the wind in front of the “C Hospital” located in the Hanam-si B; (b) threatened the victim with the victim by taking away the knife, “I see that I see I see I see I see I see I see I see I am,” and by taking out the knife, which is an object dangerous at the Defendant’s bank, in his hand, “I am me will do so. I am knife I am. I am knife I am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. On-site photographs and table of 112 reported cases;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, threatened the victim by carrying a knife, which is a dangerous object.

Considering the fact that the degree of danger caused by the knife, which is a dangerous object, is not significant, the attitude of the defendant against the defendant is shown, the victim does not want to be punished, the health of the defendant is not good, and the defendant seems to live faithfully without the power punished after 1985.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.