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(영문) 대구지방법원 서부지원 2016.10.07 2016고단913
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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 15:50 on April 20, 2016, the Defendant: (a) misleads the victim E (25 years of age) in front of the “D” located in Daegu-gun District of Degu to the Defendant’s desire; (b) purchased kitchen knife (28cm in total length, 16cm in daily length) which is a dangerous object at the F convenience store in the vicinity; and (c) threatened the victim by citing the above knife as the victim’s knife “I am knife, Xk, dead knif.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be considered that there is no previous conviction or fine heavier than that of the same criminal offense or fine, the fact that the sentence is reflected, health conditions, etc

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

1. Article 48 (1) of the Criminal Act of confiscation;

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