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(영문) 제주지방법원 2016.02.01 2015고단1671
특수협박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2015, around 11:10, the Defendant found the victim E (53 cm) who was dissatisfied with the usual lives of D in Jeju on September 26, 2015, and used the food knife ( approximately 31cm in total length, approximately 16cm in length in knife) as a dangerous object in his hand, and then, she would die with the victim.

The term "comfordly threatened the victim as if he/she would cause harm to the victim."

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Preparation and reporting of a record of telephone recording or investigation;

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

1. Application of the Acts and subordinate statutes governing deadly weapons;

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2001Da1448, Apr. 1, 201; Supreme Court Decision 2008Da1488, Apr. 1, 201);

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

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