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(영문) 대전지방법원 2017.09.20 2017고단2808
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(26) are adjoining one another.

On July 11, 2017, the Defendant, in front of the “E” located in Daejeon Central District of Daejeon, Daejeon, on the ground that the damage to the reputation would disregard the Defendant, placed in both knife knife (31.5cm in total length, 19cm in length) and knife (12cm in length in total length, 23.5cm in total length, 12cm in length) and knife knife knife knife knife knife knife knife knife knife.

"In doing so, the victim was threatened by doing any act that seems to cause harm to the body of the victim while speaking."

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of criminal tools;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim C telephone);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant threatened the victim with a knife, which is an object dangerous to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, and the fact that it is not agreed with the victim is a disadvantageous condition; the defendant is led to confession and reflect; the defendant is a person who was judged at Grade 3 of the mental disorder; the first offender is an initial offender, taking into consideration the favorable circumstances.

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