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(영문) 대구지방법원 서부지원 2015.11.26 2015고단1690
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a subject of victim B (ma, 60 years of age), and the wife C (ma, 57 years of age) of the defendant and the defendant are under guard from March 2015.

At around 06:50 on July 3, 2015, the Defendant, at the victim’s house located in Daegu-gu, Seo-gu, Daegu-gu,: (a) misunderstanding that the said C is residing in the victim’s house, and, (b) made the victim’s voice “whether or not she has concealed it, and her death shall be discarded,” and (c) made a kitchen, which is a dangerous object in advance, and threatened the victim with a kitchen (the total length of 32 cm and 20 cm length).

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflective fact, the victim is not able to punish the accused under an agreement with the victim, and the relationship between the accused and the victim, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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