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(영문) 광주지방법원 2017.02.09 2016고단4670
특수협박
Text

A defendant shall be punished by imprisonment with prison labor 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. The Defendant of special intimidation against the victim C, on May 21, 2016, at the dry field located near Yong-gun No. 09:25 on May 21, 2016, found the victim C (64 cm) who works for dry field and talked about the settlement in connection with the criminal trial currently in progress, but did not mean that the victim would have any defect in the settlement in connection with the criminal trial, but did not intend to use the drinking water at the same time (22 cm in total, 11 cm in length in the blade). The Defendant would die the victim and throw away the victim “..............

“.....”

2. A special intimidation against the victim E, around 17:05 on July 2, 2016, the Defendant: (a) had a knife knife (the total length of 31cc, the knife length of 14cc) at the Defendant’s house on the ground that the victim E (44 years), who was not good in peace, divided the Defendant’s initial body of human beings into two parts; (b) had a knife knife (the total length of 31cc, the knife length of 14cc) and had a knife for the victim.

“.....”

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C (the legal statement of the witness G is difficult to be deemed true, and it is not trustable);

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. A H statement;

1. Police seizure records and list of seizure;

1. 112 A list of reported cases;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant does not have any criminal records of the same kind or suspension of execution for the last ten years, and that the victim E and the above victim wished to take the defendant's wife, which is favorable to the defendant.

There is a serious violation of the defendant's fault.

I am.

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