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(영문) 대구지방법원 포항지원 2016.09.08 2016고단876
특수협박
Text

A defendant shall be punished by imprisonment for six 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 15:20 on June 13, 2016, the Defendant: (a) had been drunkly in a house living with the victim C in Southern-gu B, Nam-gu; and (b) had the kitchen knick ( approximately 33 cm in total length, approximately 21 cm in blade) which is a dangerous thing in the kitchen, and acted as if the victim’s body or life would inflict any harm on the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a report on investigation (Attachment four photographs);

1. Relevant Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of applicable laws concerning criminal facts;

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

1. Circumstances unfavorable to the reason for sentencing under Article 62-2 of the Probation Criminal Act: The content and method of the crime, such as taking the kitchen knicker into account the victim's face, and the circumstances favorable to the risk of appearance: The victim does not want to punish the defendant; the defendant is aware of all the crimes; the defendant reflects the mistake; and there is no excess of the fine, other various factors of sentencing indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime, shall be considered;

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