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(영문) 대구지방법원 의성지원 2019.01.31 2018고단245
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant thought that his wife had the wind with the husband of B (the 36-year-old age) and had the wind, and the Defendant had the mind to find it in his residence.

On September 22, 2018, at around 04:10, the Defendant used a knife knife (the total length, 28.5cm, 15cm in length, and No. 1) which is a dangerous object that was prepared in advance, and intruded into the above apartment dhogate, which is the front corridor of the apartment, through the above apartment entrance.

Accordingly, the defendant carried dangerous things and invaded upon the residence of the occupants of apartment.

2. The special intimidation Defendant saw the knife, which is a dangerous object as above, in front of the victim B’s residence, and committed a threat to the victim and his family members by putting the knife in front of the victim B’s residence. The Defendant saw, “A special threat: “I am special, I am special, I am special, I am special, dead, I am dead, I am dead, I am dead, I am dead, I am am dead, I am special, I am dead, I am a knif, I am a knif, I am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal death;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) of the Criminal Act (the occupation of intimidation to carry dangerous articles and the choice of imprisonment), and Articles 320 and 319 (1) of the Criminal Act (the occupation of intrusion upon residence carrying dangerous articles) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 48(1)1 of the Criminal Act, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, including the circumstances after the crime.

D. Unfavorable circumstances: The crime of this case is a dangerous knife.

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