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(영문) 청주지방법원 제천지원 2016.01.28 2015고단649
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

On November 17, 2015, the Defendant, at around 06:50 on November 17, 2015, expressed the attitude of the Victim D (Woo, 60 years of age) in which the victim was living together in the Chungcheong Mayang-gun C, and in which the victim was living together, and was living together in the body of the victim, on the ground that he was living together in the house of the victim D (the victim was living in the 60-year old-old Mayang-gun), and that he was living together in the body of the victim (the total length of 30cm, 19cc in the knife, 19cc in the knife and No. 1 in the knife) and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Reports on internal investigation (revolving the situation at the time of committing the crime);

1. A report on investigation;

1. Investigation report (to attach a detailed statement of handling cases reported 112);

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

1. Application of Acts and subordinate statutes to report internal investigation;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. As to the assertion by the Defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant and his defense counsel asserted that “the Defendant was physically and physically under the influence of alcohol at the time of the instant crime,” and in full view of all the circumstances, including the background and mode of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant was found to have been under the influence of alcohol at the time of the instant crime, but was in the state of lacking the ability to discern things or make decisions.

does not appear.

Therefore, the defendant and his defense counsel cannot be accepted.

The reason for sentencing lies in threatening the victim by carrying dangerous articles. This act is disadvantageous to the defendant, and the defendant leads to confession and reflects the crime of this case except for the defendant's assertion of mental or physical weakness.

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