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(영문) 춘천지방법원 2017.05.31 2016고단1134
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 19, 2016, at around 12:40 on June 19, 2016, the Defendant: (a) destroyed a knife (the total length) knife, which is a dangerous object in a bank that was carried in order to make the game in a usual manner, with approximately KRW 80,000,000, while playing in the said game room; and (b) destroyed a knife by a knife (the total length of 35 cm) which is a dangerous object in the bank that was carried in in order to make the game in a usual manner.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. At the time and place set forth in paragraph 1, the Defendant: (a) destroyed the game machine as described in paragraph 1; and (b) took the victim F (F) (F) who used the game next to it, she saw D, as he she saw D, a dangerous object used in his hand, into a shoulder, and she saw D, “I am B, I am B, and I am B,” and (c) took the victim’s desire to “I am B, I am B, I am,” and the victim F am her body in a nearby smoking room, thereby threateningd the victim by taking the victim’s desire to “B, I am B,” with his hand.

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

Summary of Evidence

1. The defendant's partial statement (the defendant had not expressed a will or intimidation to the victim F)

주장 하나, F의 진술에 의하면, 피고인은 손도끼를 들고 있는 상태에서 F을 향하여 “ 야 썅년아 나가, 안 나가 ”라고 2번 말하고, 위 피해자가 에어컨이 있는 쪽으로 가자 피고인도 그 쪽으로 가서 다시 손도끼를 들고 “ 쌍년 아, 나가 ”라고 한 사실이 인정되고, 이에 의하면, 피고인이 피해자를 협박한 사실이 충분히 인정되므로, 피고인의 주장은 받아들이지 않는다)

1. Legal statement of witness G;

1. Statement of F in the protocol (two-time) concerning the interrogation of the suspect against the accused;

1. Written statements of D;

1. Application of the police seizure protocol and photographs of seized articles 1.

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