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(영문) 청주지방법원 2018.11.01 2018고단1722
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2018, the Defendant, at around 00:03 around 00:03, at the 105 room room for the operation of the Victim C (Y, 55 years of age) in the Chungcheongbuk B, said, at around 105 room for the victim and the money problem, and while making a dispute with the victim and the money problem, he gets the kitchen (21cm in the blade length) which is a dangerous thing in the kitchen, and gets the kitchen and throw away the kitchen from the victim.

B. Intimidationd the victim by threatening “Mad.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. On-site photographs;

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

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection [the defendant shall die at the time of the instant case]

It did not mean “the deceased and the deceased,” but merely said “the dead and the dead,”.

The grounds for appeal are as follows.

However, the following circumstances are acknowledged based on the evidence duly adopted and investigated by this court, i.e., ① the victim under investigation by the police, and the defendant shows the office chief who held the same alcohol as the defendant, and thereby ppuri it, and “prison it.”

“Intition” was made.

The statement was made in detail and without contradiction in light of the context before and after the statement, and ② the defendant also under the police investigation and threatened the victim with the knife and the knife of the victim.

In light of the fact that “a statement” has been made, it is sufficiently recognized that the statement as stated in the criminal facts in the judgment of the defendant.

Therefore, we cannot accept the defendant's above assertion.

Reasons for sentencing

1. Where the sentencing criteria [the scope of recommended punishment] [the scope of recommended punishment] is four types of intimidation (a repeated crime, special intimidation) and the area of mitigation (two months to one year), the punishment is not suspended (including a serious effort to recover damage), or damage to a considerable part is recovered;

2. Determination of sentence:

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