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(영문) 창원지방법원 밀양지원 2018.09.20 2018고단284
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living in the B apartment 101 unit, and the victim C (V, 61) is living in the above B apartment 101 unit.

When the Defendant withdraws from ordinary alcohol, the Defendant thought that a person who does not repay money from the Defendant is in the parent of the victim, and that he was unable to file a lawsuit, such as sending a door to the victim.

On June 1, 2018, the Defendant was placed in the place of residence of the victimized person on June 1, 2018, and opened the door “a door” by inserting a knife (14.5cm in length on the knife, approximately 26cm in total length) on the part of the Defendant’s house into a knife knife, which he left.

The knife of the inside of the door shall be discarded.

It is known that he has been male.

It has been a big objection to “....”

The Defendant, upon receiving a report from the victim 112 at the same time and at the same place, sent out the police officer to check the fact that there is no person to find the Defendant at the victim’s house, with the consent of the victim, boomed the victim’s house door door knife with the victim’s house door knife, and brue the victim as the victim did with a knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the investigation report (No. 5 No. 5 of the evidence list);

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 reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] The sentencing is shown in the records, such as the following circumstances and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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