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(영문) 부산지방법원 서부지원 2018.02.19 2017고단1943

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

The Defendant, at around 23:50 on August 27, 2017, talked with the victim D, E, and talked about each other's drinking volume in the C-pentae C-B, which is a dangerous object on the table that was 45cm in total length and 29cm in length of the knife) and added the victims to “the knife is the same as the knife of the knife and the inside of the knife and the knife that the knife died.”

Sheba flaz et al.

"............ the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

“The victims were threatened.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Investigation report (to hear statements from victims E);

1. On-site photographs (16 pages as evidence) [The Prosecutor submitted as evidence the police records, the list of seizure, and photographs of each of the above seized articles (17,18 pages of evidence) stating that the Defendant had seized military knife, knife, and knife as used for the instant crime.

However, according to the report on occurrence (special intimidation) and the above seizure protocol, and the list of seizure, the police officer F of the judicial police officer who was dispatched after receiving the report at the time of the instant case, G was aware that the Defendant was unable to voluntarily submit the military knife and knife and knife used for the instant crime, but the Defendant did not voluntarily submit it from the owner, possessor, or custodian of the instant crime, and taken the photograph thereof on the basis of Article 218 of the Criminal Procedure Act.

Therefore, seizure of the above military knife and knife are carried out in violation of Article 218 of the Criminal Procedure Act, and the above seizure protocol, list, and photograph of the seized articles are all illegally collected evidence.