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(영문) 의정부지방법원 2020.12.04 2020고단3254
특수협박
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who resides in B, C, and is a victim D (ma, 40 years of age), victim E (ma, 12 years of age), and victim F (ma, 10 years of age) at the time of the game Yangju-si, and the defendant is a person who resides in the upper floor of the defendant and has settled a dispute with the victims

On March 26, 2020, the Defendant: (a) around 14:17, at the elevator of the above apartment G G G on the 30th floor, the victims knew of getting out of the elevator and getting out of the 31st floor; (b) cut off the elevator on the 30th floor by dividing the elevator pressing, and then suspended the elevator on the 30th floor; and (c) thrown away the gun gun for the kitchen use (the length of 34 cm), which is a dangerous thing in his possession, by putting it out in his hand, and threatened the victims by means of threateninging their body.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant, D, E, and F’s written statement investigation report (elevator CtV video confirmation) (the defendant and his defense counsel asserted to the effect that the fact that the defendant used a knife and brought about a dispute with the victim constitutes a special threat, but that there was no such a statement as stated in the facts charged. However, the defendant also stated that the following circumstances recognized by each of the evidence are recognized by the above evidence, namely, the fact that the defendant sent the victims in a knife and "not only if they do so," and the victim’s statement, even if considering the victims’ statement, there is a detailed difference in the victim’s statement, as alleged by the defendant, and the overall intent of intimidation was similar to the above, and there was no significant influence on the nature of the crime of special intimidation, the above argument cannot be accepted in the part of the crime of special intimidation, without meaning.).

1. Relevant Articles 284 and 283 of the Criminal Act concerning criminal facts

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