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(영문) 수원지방법원 성남지원 2018.03.22 2017고단3478
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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

From December 2015, the Defendant is a person who has a relationship with the victim C (V, 49 years of age).

On November 29, 2017, the Defendant: (a) around 09:15, at the convenience point of the victim’s operation in Seongbuk-gu, Sungnam-si, Sungnam-si, whether the victimized person is against the Defendant’s “.”

The victim threatened with her knife, and expressed his knife in the knife of the knife (20 cm in total, 10 cm in length) that was a dangerous object on the display stand, and then threatened the victim with “the knife in this knife and the dead and the dead.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes concerning seized objects photographs and closure photographs of field CCTVs;

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. The excessive nature of the crime is heavy in light of the fact that the sentencing of Article 62-2 of the Social Service Order Act is a dangerous object, and the victim threatens the victim.

However, the fact that the defendant is against the defendant, that the defendant agreed with the victim, and that he does not find again the victim.

The punishment as ordered shall be determined by taking into account the fact that it is being taken and the first offender.

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