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(영문) 부산지방법원 2017.07.12 2016고단7677
특수협박
Text

A defendant shall be punished by imprisonment for four 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

On November 9, 2016, at around 00:40, the Defendant, at around 00:40 on the 1st floor of D, located in the Dong-gu Busan Metropolitan City, threatened with the victim E and his cohabitant F, and threatened with the victim E, the Defendant: (a) took a kitchen, which is a deadly weapon in the room (the total length of 30cm, the day of 18cm); (b) took a kitchen, which is a deadly weapon in the room (the total length of 30cm, the day of 18cm); and (c) threatened the victim with the victim’s face.

Summary of Evidence

1. Legal statement of witness E;

1. A seizure protocol and a list of seizure [the defendant asserts that the kitchen knife does not contain a kitchen knife as the victim's face, but the defendant's statement of witness E with the kitchen knife, such as the criminal facts, is a concrete and consistent witness E that the defendant has committed a kitchen knife with the victim, and according to the evidence duly adopted and investigated by this court, the defendant's above assertion by the defendant cannot be accepted.]

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is a good criminal liability in consideration of the following: (a) the Defendant carried the kitchen knife as above and threatened the victim; (b) the Defendant does not seriously reflect; and (c) the Defendant did not recover from damage.

However, the sentencing conditions in the records, such as the defendant's primary crime, contingent crime, the defendant's age, sexual conduct, family relationship, and circumstances before and after the crime, shall be determined in the same way as the order.

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