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(영문) 춘천지방법원 2020.08.13 2020고단335
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

A seized knife (No. 1) shall be confiscated from the defendant.

Reasons

Punishment of the crime

1. Around March 2, 2020, the Defendant threatened the victim by stating that “A knife (the total length of 29cc, the day of 15cc) of a dangerous object (the length of 29cc) in the victim’s knife, a dangerous object (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

2. At around 11:35 on February 14, 2020, the Defendant: (a) stolen two primary-use products (around 11:00 won, crocco, 15,000 won, corresponding to KRW 11:0) of the market price owned by the Victim G, which was on sales stand in Hongcheon-gun E and F.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Photographs of seized articles;

1. Written statements and receipts for re-issuance;

1. On-site CCTV image analysis and attachment (on-site CCTV image analysis and attachment) [the defendant was denied that he had no intention of theft. According to the evidence of scambling, the defendant was aware that he had no intention of theft, and there was no intention of theft, considering the fact that the defendant was aware that he did not calculate the scambling product and brought about the calculation unit located inside the entrance inside the entrance because he was a house, and brought about only the bread to the calculation unit located outside the entrance, and that he did not have the card at the time of calculation, and that he did not have the scambling, and that he did not have the scam at the time of having returned to the entrance, and that he did not have the scambling product at the time of calculation. The defendant's assertion does not have merit). The application of the law

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 284, 283 (1) and 329 of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is that the defendant's knife is the victim's item.

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