(영문) 서울남부지방법원 2016.11.09 2016고단2720

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.11.09 2016고단2720

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

The defendant is a victim D (ma, 31 years of age) and 1 year and 5 months.

At around 22:40 on June 10, 2016, the Defendant stated that the sports center, the workplace of the victim in Geumcheon-gu Seoul, Geumcheon-gu, would kill himself/herself, the victim’s food knife (40 cm in total length, 26 cm in length) prepared in advance at the home, and throw away from it to another place.

Accordingly, the defendant threatened the victim using a knife, which is a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution concerning D;

1. Police seizure records;

1. The photograph, including the crime tool (the defendant and his defense counsel stated that the facts charged in this case are recognized, but it is true that the defendant knew that he had a knife in the bank, but the victim did not have any knife the knife to the victim. The victim stated in the police and the prosecutor's office that "the defendant knife the knife in the bank and threatened the victim." The victim stated in this court that "the defendant knew of the knife in the bank of the defendant, but the defendant did not display the knife or neglect the knife." However, in light of the physical nature of the statement concerning the process of the crime, degree of the victim's statement, the relationship between the victim and the defendant, etc., it is judged that each statement was more reliable in each investigation agency's statement rather than the victim's legal statement, and therefore, according to each evidence of the judgment, it can be recognized that the defendant and his defense counsel were threatened as criminal facts.

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month; and

참조조문

유사 판례

-서울남부지방법원 2018.03.29 2016노2316

-부산지방법원 2016.08.19 2016고합311

-대전지방법원 천안지원 2020.01.20 2019고단1749

-서울남부지방법원 2014.05.16 2013고단4365

-부산지방법원 2015.11.26 2015노3004