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(영문) 대구지방법원 경주지원 2019.03.21 2019고정7
특수협박
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 23, 2018, at around 16:20 on August 23, 2018, the Defendant threatened the victim with three knife (3 knife length, 21cm, etc.) of the knife, which is a dangerous thing in the kitchen, in the victim C’s residence in the racing city, that the Defendant stolen the swine and vegetable vessel from the victim, and threatened the victim with the knife with the knife at his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. Statement of each police statement related to C and D;

1. Domestic death report (the photographing of photographs, such as kitchen and kitchen, which is a deadly weapon), - Application of the Acts and subordinate statutes of three photographs used by a suspect;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 62(1) of the Criminal Act, which is a dangerous thing of the defendant, is that the punishment of the crime is heavy by threatening the victim as the victim might inflict any danger and injury.

Provided, That confession and reflect shall be made.

It is not likely that the method of crime is likely to be highly dangerous, such as knife three knifes by two descendants.

When the victim misleads the defendant as a thief and reported to the police, and the police officer searched the house as the house of the defendant, it seems that the crime of this case was committed with salutism and with contingency.

The defendant raises the children of elementary school students and high school students in the highest place of single-parent families.

In the future, it is expected that such a mistake will not be avoided.

In addition, the punishment as ordered shall be determined in consideration of the age, conduct, environment, criminal records, criminal records, means and methods, results, circumstances after the crime, etc.

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