(영문) 제주지방법원 2020.08.21 2020고단1084

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(영문) 제주지방법원 2020.08.21 2020고단1084

특수협박

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is living together with the victim B (math, 33 years of age).

At around 10:30 on April 17, 2020, the Defendant threatened the victim with blades (28cm in total length, 16cm in length) on the ground that the victim gets her house at the main place of the building C in Jeju, which is a residential area, on the ground that the victim her house her house and her house her house had the drinking at the main place of the house without the horses, and on the ground that her blades (28cm in total length, 16cm in length) were her upper part of the victim’s knife, and that her knife would die.”

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Each statement made in relation to B prepared by the police officer;

1. A written statement prepared B;

1. Application of relevant photographs and related photographs to each video statute;

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The subject of confiscation shall be “goods not owned by a person other than the criminal or acquired by a person other than the criminal knowing the fact that the crime was committed after the crime was committed” (Article 48(1) of the Criminal Act). According to the evidence records of this case, the defendant and the victim have liveded for about four years as of the date of the crime of this case, one seized knife (Evidence No. 292 of pressure No. 2020 of the Jeju District Prosecutors’ Office No. 2020) was used by the defendant and the victim together for communal living in the above residential area. The defendant and the victim voluntarily submitted the above knife to the police officer dispatched to the scene immediately after the crime of this case. According to the above facts, the above knife is jointly owned by the defendant and the victim, and the victim renounced ownership of the above knife.

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유사 판례

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