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(영문) 창원지방법원 2019.02.15 2019고단11
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

Criminal facts

At around 23:38 on December 23, 2018, the Defendant purchased beer and beer in Jinwon-si B, Changwon-si, Jinwon-si, and the Defendant had been aware of the reasons for requesting the victim of the above convenience store employees D to present an identification card with the above convenience point for a long time. The Defendant heard from the victim the phrase “ how to do so, and how to present an identification card, I show my identification card, and I show my identification card.” As the Defendant had been misled that the victim neglected the completion of the contract, and had knicked the victim by threateninging the victim with the knife.

At around 00:00 on December 24, 2018, the Defendant prepared the Defendant’s house located in Seocho-gu, Seocho-gu, Changwon-si E apartmentF for a crime, and threatened the Defendant with the Defendant’s body with the above knife knife (25cc in length, 30cc in length) that is an object dangerous to the Defendant’s hand by finding it as the convenience store at around 00:02 on the same day, and with the left hand, knife knife (25cc in length, 30cc in length) with the Defendant’s knife with the passage between the goods display site, and “A person who has abandoned the Defendant’s life, may die at any time.”

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

Summary of Evidence

1. Defendant's legal statement;

1. D's written statement;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, as the first offender, has a depth of and reflected in his mistake, and there are some other circumstances to consider the motive and background leading to the instant crime. In addition, the circumstances and result after the instant crime, the Defendant’s age, character and conduct, intelligence and environment, etc.

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