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(영문) 전주지방법원 2016.09.21 2016고단1104
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

Punishment of the crime

The Defendant, at around 14:50 on June 21, 2016, divided a dialogue with the Victim F (74) who is the owner of the house, on the ground that gas is not operated in the monthly rent room of the Defendant located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on June 21, 2016, on the ground that gas is not operated.

“Along with the word “,” the kitchen knife, which is a dangerous thing in the state of the kitchen at which the word was drawn and is located, knife the kitchen knife (20cm in length and 12cm in length in day) and the victim “a knife knife knife knife knife.”

The term "the body of the victim" showed the attitude that would inflict any harm on the body of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Bridges and photographs, and radiation of the accused;

1. Details of the report of the 112 case;

1. The application of Acts and subordinate statutes of each internal investigation and investigation report;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The reasons for the conviction and sentencing of Article 62-2(1) of the Criminal Act on the observation of protection and observation, and the defense counsel asserted that the defendant knife and the victim were not threatened. However, in full view of the F’s statement that “the defendant considered the knife in the kitchen of the kitchen,” and the F’s 112 report that “the defendant used the knife to threaten the knife” of F, it can be sufficiently recognized that the defendant made a threat against the victim by putting the knife and threatening the victim.

This part of the defendant's assertion is without merit.

The crime of this case committed by the defendant using a knife, which is a dangerous thing, and threatening the victim, is not weak.

The defendant has committed the instant crime even though he/she has already been punished four times by a fine due to the same kind of crime, by a suspension of the execution of imprisonment twice, and by a single sentence.

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