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(영문) 수원지방법원 평택지원 2018.11.16 2018고단883
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a man of business beer Berkith’s nationality, written indictment from October 2017 to January 2018, 2018, contains the victim’s age of 37 years. However, according to evidence, the Defendant is a clearly clerical error and this part is not related to the Defendant’s right of defense, and thus ex officio correction is made ex officio.

It is between the two living together and the other.

On January 10, 2018, the Defendant, on the ground that the victim’s residence located in Pyeongtaek-si D left his writing on the SNS account by another male, and that there was a dispute with the victim on the ground that there was another male, then the Defendant, while making a horse or dispute with the victim, he left the kitchen, which is a dangerous thing in which another male was displayed on the kitchen knife of the kitchen at the place of the kitchen, and then a kitchen knife (the total length: 29cm, the knife length: 16.5cm) is displayed as follows, and discarded the kitchen knife from the ship.

In other words, “the total length: 21cc, knive length: 10cc.) is threatening the victim as if he were the victim, and the victim was in the vicinity of its windows, and the victim was in the vicinity of its windows, and the fact was discarded only once.

Intimidationd the victim, such as threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of each statute on photographs;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following favorable circumstances)

1. The gist of the assertion is that the Defendant, at the time of this case, brought a kitchen, knife or excessive nature and threatened the victim.

2. The following circumstances revealed in light of the facts acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim from the investigative agency to the investigation agency to the present court, the Defendant’s kitchen and the transition period at the time of this case.

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