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(영문) 대구지방법원 서부지원 2016.04.21 2016고단427
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 March 13, 2016, at around 03:15, the Defendant invaded upon a special residence: (a) went into the residence of the Victim F (F) in Daegu-gun E (M, 32 years of age) and went into the dwelling of the Victim F (M, 32 years of age); (b) and (c) the victim’s family members and his/her public prosecution, despite the interview between the Defendant and his/her family members, were fluord with the victim and intruded into the victim’s dwelling, by taking a knife, which is a dangerous thing (a total length of about 30cm, about 20cm, about knife length) and entering the dwelling of the victim.

2. Special intimidation Defendant: at the above victim’s ward around the above day, the victim H (the f1 year old), the mother of the above victim F, the victim I (the 32 years old), the victim J(28 years old), the victim J(28 years old), and the victim G(42 years old) of the victim's male-child arrest (the 42 years old) of the above I, the above knife knife knife knife knife knife knife knife knife knife knife at the victim’s room.

Baba Baba

“The victim F opened a door and expressed the same attitude that would cause harm to the body of the victims if he/she does not talk with him/her, and threatened the victims, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, I, and J;

1. Protocols of seizure (voluntary submission), list of seizure, and application of statutes of blades;

1. Articles 320 and 319 (1) of the Criminal Act (a point of intrusion upon a dangerous article) of the same Act concerning the crime and Articles 284 and 283 (1) of the same Act (a point of intimidation to carry dangerous article) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of special intimidation;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a victim who intrudes on the victim's house with the food knife, which is a deadly weapon.

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