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(영문) 서울북부지방법원 2018.06.29 2017고단5510
특수협박
Text

A defendant shall be punished by imprisonment for four 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

[criminal records] On May 26, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution for the use of computers and other purposes at the Seoul Northern District Court, and the above judgment became final and conclusive on June 3, 2016.

[Criminal facts] around 00:10 on December 8, 2015, the Defendant: (a) Dalla in which the Defendant and his wife located in Dobong-gu Seoul Metropolitan Government C, and (b) Dalla in which the Victim D (L, 31 years of age) are living; (c) Dolla 202, and (d) Dolla 202, and Domina returned to Domina, Domina

66 202 1022

“The victim’s knife knife (34 cm in total length, 22 cm in knife) knife, which had been in a kitchen due to the fact that he or she said that he or she had been in a dispute, she will die.”

“The victim was threatened by sound.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Written statements prepared in D;

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

1. Before the judgment: The Defendant and the defense counsel’s defense counsel’s assertion of criminal history, investigation report (the confirmation of the last concurrent crimes) and the Defendant’s defense counsel, despite having committed abusive and assault against the victim, the Defendant asserts that there was no fact of threatening the victim using a knife as stated in the facts charged of this case.

In light of the following circumstances, the evidence duly adopted and examined by this Court was comprehensively taken into account: ① the victim prepared and delivered a written statement to the police officer dispatched after receiving a report on December 8, 2015 that “the victim sought the victim’s face and head, and threatened the victim with the knife’s death,” and the victim voluntarily submitted the knife knife that the Defendant used; ② the victim appeared at the Dobong Police Station in Seoul, Seoul, on December 15, 2015, and stated that “the victim threatened the Defendant by taking the knife in his hand with the knife of the head and by taking the knife of the kitchen,” but the Defendant was dead and agreed well.

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