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(영문) 수원지방법원 2018.10.23 2018고단4401
특수협박
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On July 19, 2018, the Defendant, at around 06:23, 2018, had a knife dispute with the victim D (n, 26 years of age) who had a tobacco relationship at the time at his house located in Suwon-si C building 401, with drinking alcohol, living expenses, etc., on the ground that the victim’s “hure” was her horse, knife ( approximately 30cm in total length, about 20cm in length: about 20cm in length) that is a dangerous object in the kitchen at the home of the State, and her knife on the part of the victim’s knife and the part of the knife and knife., the Defendant died.

The match is dead.

In the same words, the victim was threatened.

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the photographs of each field, knife photographs used by the victim, photographs of the victim, and CCTV images for crime prevention, and text photographs of the victim's 112 reported mobilization;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant, who was under the influence of alcohol, seems to have caused the crime of this case by contingency, and did not exercise the direct force on the body of the victim.

The defendant agreed with the victim.

There shall be no history of criminal punishment other than three times of fines.

Circumstances unfavorable to the defendant are as follows:

The defendant threatened the victim who was a dangerous object, in the knife.

The victim seems to have been significantly shocked by the crime of this case.

The defendant has been punished by a fine for committing a crime that inflicts an injury on a female-friendly Gu who had taught at the time of 2012.

. The above.

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