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(영문) 대전지방법원 홍성지원 2018.02.05 2017고단606
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the legal marital relationship between the victim B and the victim on February 18, 2008.

The Defendant, at around 17:00 on May 27, 2017, in the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who used a dangerous weapon (20cm length, 10.5cm length, 10.5cm in the blade) with the victim’s head and her knife, and she would die. The Defendant threatened the victim by using a lethal weapon (20cm in the knife, 10.5cm in the knife) with the victim’s head and her knife, taking the victim’s head and her knife with the victim’s head and her knife in the knife of the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against B;

1. 112 Application of the 112 Reporting List, seizure protocol, internal investigation report (Evidence List Nos. 3), marriage relationship, family relation certificate, investigation report (Evidence List No. 7);

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. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The gist of the assertion is that the defendant has not threatened the victim.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court of this case: ① the victim reported the damage to 112 at the time of the crime of this case to the effect that “the husband is dead and knife”, ② the Defendant and the victim married on February 18, 2008 and resided in the Kimpo, Kim Jong-gun on November 1 through December 201, 204; ③ the Defendant was in a interested situation at the time of the crime of this case; ③ the victim tried to open a door using a knife knife knife, and the victim attempted to open a door using the knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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