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(영문) 대구지방법원 2018.06.22 2018고단1239
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 9, 2018, at around 19:40 on March 19, 2018, the Defendant, while drinking with the victimized child D(25 years) and D(25 years) in the nearby restaurant of the Gandong-gun C apartment, and returned to the office of the Defendant in the above apartment 202 Dong 409, and tried to call at the injured party’s workplace, thereby allowing the victimized person to file a divorce lawsuit, not divorce with his mother.

“Along with the language of the horse,” the kitchen knife, which is a dangerous object in the kitchen, took the kitchen knife ( approximately 32 cm in total length, approximately 20 cm in the blade) and threatened “D.”.

In this respect, the defendant carried a kitchen, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is not suitable to threaten a victim who is a kitchen, which is a dangerous article of the defendant, in consideration of the fact that the defendant is against the defendant, the fact that the defendant has agreed with the victim, the defendant's age, sexual behavior, environment, motive of the crime and circumstances after the crime, etc., the punishment as set forth in the text of the disposition shall be determined.

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