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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1041
특수협박등
Text

A defendant shall be punished by imprisonment for six 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 is a foreigner of Chinese nationality, and the victim B (n, 44 years old) was a previous relationship with the former.

1. A special intimidation: (a) around June 25, 2017, at the victim’s residence located in Gumi-si around 19:00, the Defendant made intimidation, etc. to the effect that: (b) the victim refused the Defendant’s living request; (c) the kitchen knife (15cm length, approximately 25cm in total length), which is a dangerous object in the kitchen located in the main room of the victim; and (d) the victim’s hife and the victim’s hife and “the dead, as he would be.”

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

2. The Defendant who damaged a special property reported to the police while threatening the victim at the time and place specified in paragraph (1).

In the case of defective kitchen, it was destroyed by tearing 3 points of clothing equivalent to the total market value of 300,000 won, which was owned by the victim in the above kitchen knife.

Accordingly, the defendant, carrying a kitchen, which is a dangerous thing, destroyed the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to report internal investigation (as to photographing photographs, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Articles 369(1) and 366 of the Criminal Act (the occupation of damaging dangerous articles) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria;

(a) Type 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (4 months to 1 year) mitigation area (person subject to special mitigation) (a person subject to special mitigation) for a crime of intimidation;

B. Crimes of destroying special property [the scope of recommended punishment] habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) are not subject to punishment (4 months to 10 months).

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