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(영문) 대구지방법원 포항지원 2017.02.02 2016고단380
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Special intimidation: (a) on January 30, 2015, the Defendant is suspected of having been aware of about one year prior to the victim C (n, 44 years of age) in North-Gu B (D) restaurant run in North-gu B at the port of port on January 30, 2015; and (b) there is a suspicion that the victim, who was aware of about one year prior to the other male, might have met the other male.

The term “bretain” refers to a kitchen knife, which is a dangerous thing cited by the victim, ( approximately 30 cm in total length, approximately 20 cm in blades) with the air conditioning, which is going to the air conditioning, and again, whether the relationship between the inner knife and the knife is gathered.

"............" means a kitchen, a kitchen, and acted as if it would inflict any harm on the body or life of the victim.

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

2. 폭행 피고인은 제 1 항 기재 일시, 장소에서 피해 자가 바닥에 떨어진 부엌칼을 주워 들고 싱크대로 가자 피해자를 뒤따라가 손으로 피해자의 머리카락을 잡고 주먹으로 양쪽 귀 부위, 뒤통수와 안면 부를 여러 차례 때리고, 발로 피해자의 왼쪽 무릎을 걷어찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to investigation reports (related to photographing photographs, deadly weapons (knick photographs), and photographs of damaged parts);

1. Relevant provisions of the Criminal Act, Articles 284, 283 (1) of the Criminal Act (special intimidation, choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) concerning the crime;

1. There are circumstances that may be taken into account such as the following: (a) the reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the total of the long-term punishment of two crimes prescribed by a heavier special intimidation) (aggravating concurrent crimes within the scope of more severe punishment); (b) the kitchen knife does not directly harm the body of the victim; and (c) there is no history of punishment exceeding the fine, other than once suspended 15 years prior

However, this case is a case.

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