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(영문) 대전지방법원 2020.10.21 2020고단3888
특수협박등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around 02:35 September 5, 2020, the Defendant: (b) considered the victim’s knife in front of the “C” heading “C” heading in Geumsan-gun, Chungcheongnam-gun; (c) considered the victim’s knife not having known of the Defendant’s knife into the E table, i.e., the victim’s knife that “Is knife” heading, and (d) considered the victim’s knife that the victim’s knife would be bad; and (e) considered the victim’s knife, the victim’s knife, which is a dangerous object put in a bank ( approximately 33 cm in the entire length, approximately 20 cm in the knife’s length, and knife the victim’s bridge.

Accordingly, the defendant carried a dangerous knife with a knife, and threatened the victim's knife with a knife.

2. In order to prevent the Defendant from displaying a knife, which is an object dangerous to the above D, at the above time, at the above time, at the same place, the victim F (F) brought the Defendant’s hand knife knife with knife with knife with knife, but the Defendant continued to display this knife the victim’s right hand hand.

Accordingly, the defendant carried a dangerous knife knife with the victim, who suffered an injury to the right side, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. A report on internal investigation (the photograph of the upper part of the body);

1. A report on investigation;

1. A report on investigation;

1. A report on investigation (CCTV re-Analysis);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

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

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

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal provisions;

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