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(영문) 수원지방법원 안산지원 2019.03.28 2019고단311
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

At around 23:20 on January 14, 2019, the Defendant: (a) expressed a disturbance, such as taking the back of the victim D (the age of 54) who was the back of the Defendant’s house, and taking a bath under the influence of alcohol; and (b) threatened the victim, who was the back of the Defendant’s house, with the escape of the Defendant’s house, by taking in his hand the transition (the total length of 22cc, the blade length 11cc) of dangerous articles located in the Defendant’s house as his hand; and (c) made the victim’s movement by continuously taking back the back of the house; and (d) made the victim’s threat, such as “this spilee and heading kidy ki,” and “I am out of the house.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure record and list;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the consideration given in favor of the victim, such as the fact that the defendant reflects the error, the fact that the defendant has not been punished twice by a fine, and the fact that he has agreed with the victim);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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