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(영문) 대구지방법원 김천지원 2018.11.08 2018고단757
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On July 12, 2018, the Defendant thought that, around 10:10 on July 12, 2018, the victim E (31 Does) residing in the side bank in front of the CcomD located in the Sinsi B, and that, in turn, the Defendant would be slicked to the Defendant.

1. The term “aggravated knife” means a knife’s knife, which is a dangerous thing, (No. 1, total length of 25cm, and 9cm in length) and threatens it, and on the same day, “a knife” in front of the knife knife at around 10:30 on the same day.

It is limited to imprisonment with prison labor with prison labor for the inside of the Republic of Korea.

Does it be the same as what he has died.

The term “intimidating the victim” and then threatening the victim in knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and witnessF;

1. Statement made by the police for E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Domestic history reports (as to attachment of photographs), - 17 photographs, investigation reports (as to the confirmation and attachment ofCCTV), CD 1, and 18 photographs (as to the victim’s consistent and detailed statements at investigative agencies and courts, witness statements corresponding thereto, witness statements corresponding thereto, Defendant himself/herself recognized the facts of resistance against the victim, and found the victim’s resistance in light of photographs and videos taken by the Defendant with a knife and knife, etc., taken by the Defendant with a knife and knife against the Defendant, etc.).

Application of Statutes

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. In full view of all the factors such as the character and conduct, the environment of the defendant, the circumstances leading up to the crime, and the circumstances after the crime, etc., the punishment is determined as ordered in the light of the following: (a) the attitude of reflecting the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is insufficient; (b) the risk of the means of the crime; (c) the likelihood of not being taken by the injured party; and (d) the punishment was imposed by threatening another person with a knick or excessive kn

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