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(영문) 전주지방법원 군산지원 2020.04.01 2019고단828
특수협박
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 resided in B apartment house in the following cities, and the victim C(35 years of age) and D(23 years of age) resided in E apartment house in the above B.

1. Around May 25, 2019, at around 00:33, the Defendant: (a) avoided the disturbance of the Defendant’s house, such as “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” while under the influence of alcohol, and (b) tried to take the victim C, who was in the house, with the kitchen knife (a total length of about 29cm, about 17cm) and with the kitchen knife (a total length of about 29cm, about 17cm) and tried to take the victim’s face from the kitchen knife with the kitchen knife.

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

2. The Defendant of special intimidation against the victim D, on the ground that the victim D residing on the 5th floor of the above E apartment building by avoiding disturbance, said victim D was sleeped, and around 00:55 on the same day, the Defendant stated that the victim was sleeped on the 5th floor of the above E apartment building in the corridor to the face of the victim, and that the kitchen knife the victim was sleeped with the victim, and that “the victim was slicked

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

Summary of Evidence

1. Each legal statement of witness C and D;

1. Each police statement of C or D;

1. Police seizure records;

1. Report of investigation (the defendant asserts that there was no threat of the victims in knife, but the victim's statement from the investigative agency to this court is consistent and concrete, as well as there is no motive or reason to make a false statement, and the credibility of the statement is recognized, and all the remaining evidences in the holding are added, the defendant's act constitutes a threat of harm and injury carrying a deadly weapon, and thus, the above assertion is not accepted).

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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