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(영문) 울산지방법원 2019.02.14 2018고단3399
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B ( South, 62 years old) are the tenants of multi-household housing in Yangsan City C.

On October 24, 2018, at around 14:00, the Defendant, at the same time as the head of the house and the water rate, brought a dispute to the head of the house and the water rate. On October 24, 2018, the Defendant, on the other hand, got the victim informed of the victim due to an unforeseen reason. On the other hand, the Defendant’s shouldered the victim due to drinking.

As above, the Defendant had a conflict with the victim as above, and had an excessive amount of money (20 cm in total length, 8 cm in blade) in the kitchen, and had the victim as “this ball”, and had the victim do the behavior that seems to have a brupt.

D, the same tenant who was able to take away the Defendant's excessive length, and the Defendant had the food knife (30 cm in the entire length, 18 cm in the knife length) located on the main side of the re-motor vehicle and threatened the victim in the same manner as D, and again, the Defendant, who was able to take the knife the knife, had the knife in the knife in the knife, had the knife (38 cm in the entire length) and had the act to

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report internal investigation (including attached photographs);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Although there are several records of punishment for the reasons of sentencing under Article 62-2 of the Probation Criminal Act, it again leads to the crime of this case. On the other hand, the depth after the crime is divided and the victim has agreed smoothly with the victim. The fact that the defendant is receiving medical treatment, such as the existence of alcohol, is currently being treated, and the defendant's age, occupation, character, personality and conduct, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence like the order shall be determined by taking into account the following factors.

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