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(영문) 대구지방법원 서부지원 2016.09.02 2016고단1146
특수협박
Text

A defendant shall be punished by imprisonment for 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

On June 1, 2016, the Defendant: (a) around 07:00, the Defendant: (b) in the Daegu-gu apartment B apartment 101-dong, Daegu-gu, Daegu-gu, 201; (c) in the new wall on the same day, caused noise from the above apartment 1503, which is the upper floor of the Defendant’s residence; (d) the victim C (V, 52 years old) who is a resident of 1503 years old, has a sound in the elevator, and knife two knife (13.3 cm in the total length, 13.2 cm in the knife length, 26.5 cm in the total length, 14cc in the knife length, which is an object dangerous to the Defendant’s knife and knife the victim; and (d) made the victim to threaten the victim by knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim, relationship with the victim, motive for the crime, primary fact, and reflective fact);

1. Article 48 (1) of the Criminal Act of confiscation;

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