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(영문) 수원지방법원 2016.07.21 2016고합97
특수존속협박
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

The request for the treatment and custody of this case is dismissed.

Reasons

Criminal facts

Defendant

In addition, at around 14:30 on January 12, 2016, the Defendant’s father’s father victim D (76 tax) located in Echeon-si, Leecheon-si, would not open the doors, and the Defendant’s knife the knife (1, 23 cm in total length, 13 cm in length) was knife on the knife where the victim was seated, and knife the knife (13 cm in length of knife) was knife on the knife where the victim was seated, and the victim “nife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

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

Summary of Evidence

1. Each legal statement of witness E, D, F, and G;

1. Police investigation report (act of the police station of the person under investigation);

1. A prosecutorial investigation report;

1. Police seizure records;

1. Existing presence under subparagraph 1 of this Article;

1. Statement of opinion;

1. Identification card of a care and custody subject;

1. Each written decision (excluding provisional termination or provisional termination);

1. Application of on-site photographs, photographs of criminal tools, photographs of seized objects, photographs of criminal tools, and statutes concerning on-site photographs;

1. Relevant Article of the Criminal Act and Articles 284, 283 (2) and 283 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the assertion is that the Defendant had a knife as stated in the facts constituting the crime in the judgment and has not threatened the victim, and there is no way to find the victim's house at the time of recording the facts constituting the crime in the judgment.

2. Determination

A. In light of the following circumstances, comprehensively taking account of all the evidence mentioned above, the gathering of victim D as stated in the facts constituting a crime in the judgment of the defendant is going to the point of the defendant.

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