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(영문) 대구지방법원 2017.07.20 2017고단125
특수협박등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) on October 11, 2016, at the D restaurant located in Busan Metropolitan City around 22:30, the Defendant sent a knife knife to the victim E and the victim F in the D restaurant under the influence of alcohol, and knife the knife knife knife knife (20cm in total length, 9cm in length on the day) which was in possession of a deadly weapon, show the above victims, and followed the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

On the other hand, the Defendant continuously threatened the victim G with the knife with the knife of the knife.

In the indictment, the Defendant continued to have the victim G knife the knife and the knife to the victim G according to the “Wnife and knife the knife,” and threatened the victim G as with the knife.

Although G is written in this Court, G testified to the effect that there is no difference in the knife in the person who said statement in this Court and in the restaurant.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. The Defendant damaged special property, at the time and time as indicated in paragraph 1, cut the banner owned by the victim H, which is a deadly weapon owned by the Defendant at the same time and at the same place, so that the amount of 20cc square meters and 150,000 won can be cut.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Statement of the police statement related to G;

1. Application of seizure records and statutes concerning the list of seizure;

1. Articles 284, 283 (1) (a point of special intimidation) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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