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(영문) 대전지방법원 2019.05.22 2018고단4797
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 8, 2018, the Defendant used the knife (28cc in total length, 15cc in knife length) as an object dangerous at the above selling outlet, and used the knife (28cc in total length, 15cc in knife length) to the victim, who was fested with the victim D (30 years of age) in front of the "C" livestock product sales outlet operated by the Defendant in Daejeon-gu B, Daejeon, on the ground that the victim D (30 years of age) was parked in front of the above selling outlet, and brought about the victim's knife with the knife knife, which was the dangerous thing at the above selling outlet.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Seizure record and list;

1. Application of the statutes on blades and field photographs used for crimes;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant threatened the victim by using a knife, and the crime is not less than the nature of the crime and the circumstances in light of the risk of the act.

However, the defendant has no record of being punished in addition to the three-time fine imposed by the year 2007, and there is no record of being punished by the defendant, and the defendant's mistake is recognized, and the defendant has been agreed smoothly with the victim, the circumstances leading to the crime of this case, and all other circumstances that can be known through the pleadings of this case, such as the character, conduct, and environment

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