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(영문) 수원지방법원 안산지원 2019.07.24 2019고단1031
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 17:20 on December 20, 2018, the Defendant, who had a dispute with a female residing in the same house underground on the second floor of multi-household B located in Gwangju-si, Gwangju-si, 2018, was able to hear the phrase “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, because I am.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. Records of seizure and the list of seizure;

1. Bridges and photographs;

1. The defendant and his defense counsel asserted that there was no intention of intimidation against the defendant.

Intimidation in a crime of intimidation refers to a threat of harm to such an extent that may cause a person to feel a fear in general. As such, an intentional act as a subjective constituent element does not require the intent or desire to actually realize the harm and injury that an actor knows and cites to such an extent that the actor is aware of the harm and injury to such an extent.

With respect to the instant case, the act of making the kitchen knife, such as the statement of health and criminal facts, committed intimidation to the extent that it would generally cause harm and injury to the public, and thus, constitutes intimidation to the extent that it would cause harm and injury to the public, and it is recognized that the Defendant recognized and admitted that the Defendant made such a threat and injury, and even if there was no intention or desire to actually realize the harm and injury notified against the victim, it does not interfere with the establishment of the crime of intimidation

Defendant

The status of the defense counsel.

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