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(영문) 대전지방법원 홍성지원 2020.01.21 2019고단639
특수협박등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 66 years of age) are friendship relationship, and the victim C (the 64 years of age) is the father and wife of the above B.

At around 15:00 on June 29, 2019, when the Defendant had a good appraisal for the victims, the Defendant her drinking alcohol at home, frighted in a bank, and found the victims' house located in Chungcheongnam-si, Chungcheongnam-do. However, as the main gate does not come into the house, the Defendant she saw the victim's house by sounding the gate to the victim's side while walking in the gate and leaving the gate in the vicinity of his residence.

1. At around 15:00 on June 29, 2019, the Defendant: (a) thought that the victim B and his husband C wished to see her husband B as she left the house; (b) thought, the Defendant: (c) 1 knife for the kitchen (30cm in total length, 18cm in blade length) which is a dangerous object; (d) knife the wall installed front of the victims’ house in front of the victims’ house in the shoulder; and (e) 1 knife knife knife knife into the wall.

Accordingly, the defendant carried dangerous articles and invaded upon the victims' residence.

2. The special intimidation Defendant, at the time, at the place, as described in paragraph 1, was prevented from exceeding the wall from the victim C (the 64-year old), who is the Defendant’s convict, stated that “The Defendant brought the victim C a knife in which the knife knife knife, which is the dangerous thing as above, was knifeed.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 320 and 319 (1) of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation and the choice of imprisonment) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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