(영문) 의정부지방법원 고양지원 2018.11.01 2018고단1438

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(영문) 의정부지방법원 고양지원 2018.11.01 2018고단1438

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 6, 2018, 2018, the Defendant 2018 Goyang-dan 1438, on May 6, 2018, 12:00, the Defendant sent the victim C (57 cm and the birth of the leased person of the Defendant’s residence) at the Defendant’s house located in Gyeyang-gu, Seoyang-gu (57 cm and the birth of the leased person of the Defendant) upon the Defendant’s request to change the location of the strike he accumulated by the Defendant, and sent each other a humbling, which is a dangerous object in the house of the Defendant.

This part of the facts charged is that the defendant cited the above excessive charges and resisted the victim by resisting the victim, and there is no "n't have any right to go."

“.......”

The "Act" is the same.

In this regard, both the victim and the defendant made a statement by agreement with the purport that "the victim intending to go out of the door because the defendant shuts down his door and prevents him from leaving the door." The statement that "the defendant saw excessive knife and knife the victim," merely states that "the defendant and the victim did not have any one," and the above excessive seizure protocol (the 21th page of the investigation record) only states that "the defendant attempted to go out of the house and threatened the victim," and there is no expression that "hicking" does not mean that "the situation was "the situation where the defendant go out of the house with the knife and speaks without any threat to the victim," so the crime was recorded as stated above to the extent that it does not infringe the defendant's right to defense. However, the defendant attempted to threaten the victim by carrying a knife with the victim, and thereby, attempted to threaten the victim out of the door."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Criminal facts;

유사 판례

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-서울동부지방법원 2016.07.21 2015고단3266

-대구지방법원 김천지원 2018.03.22 2017고단1644

-서울중앙지방법원 2020.04.09 2019고단6638

-부산지방법원 2015.04.10 2014노4287