(영문) 청주지방법원 제천지원 2015.12.03 2015고단513

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(영문) 청주지방법원 제천지원 2015.12.03 2015고단513

특수협박

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

At around 02:00 on September 17, 2015, the Defendant called the Defendant at the Defendant’s home located in Dacheon-si, on the basis of the victim C (n, 40 years of age) and five years of age, and “I will die and die with knife, so I will die with knife, so I will die and die with knife. I will die with knife. I will die with knife. I will die with knife. I will die with knife. I will die with knife, knife. I will die in front of the victim’s dwelling at 101-dong, Incheon apartment, Sin-si, 101, which is a dangerous thing brought from the Defendant’s house located in the Defendant’s house located in her house at around 100,000,000, and will 30,000,000).”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (to hear victim C telephone statements);

1. A report on investigation (as to the change of place of crime)

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs and photographs (shots at places where the knife of a suspect is abandoned);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant committed the crime of this case even though he had been prior to the suspension of execution for other crimes, and the victim was threatened by carrying dangerous articles. Such an act is a considerable disadvantage to the defendant, and the risk of such act is the circumstances unfavorable to the defendant, the confession of the crime of this case is against the defendant, and the victim does not want the punishment against the defendant.

The above circumstances are as follows.

참조조문

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