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(영문) 의정부지방법원 2016.11.07 2016고단3622
특수협박
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a neighbor who resides in the same building as the victim C(54 years of age).

At around 00:30 on August 19, 2016, the Defendant: (a) laid the knife (32.5cm in total length, 11cm in length) in the Defendant’s house located on the 5th floor of the same building; (b) laid the knife (32.5cm in length, 11cm in length) into the 3rd floor; and (c) took the knife the knife in front of the victim; and (d) took the knife the knife in front of the victim; and (d) took the knife the victim’s body.

Accordingly, the defendant carried a knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Application of photographic Acts and subordinate statutes;

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 reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) the Defendant and the victim had exercised physical force, such as making the Defendant satisfing sat, etc. while leaving the park as a parking problem; and (b) during that process, the Defendant, the disabled, committed the instant crime in order to resist the resistance; (c) the Defendant had been 15 times criminal records; and (d) the Defendant had a majority of violent fields, but most of them were punished by a fine; and (e) the Defendant’s age, character and conduct, circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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