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(영문) 대구지방법원 2017.01.13 2016고단5692
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 18, 2016, the Defendant: (a) at the “C” restaurant located in Busan Metropolitan City B around 23:30 on October 18, 2016; (b) on the ground that the Defendant d (22 years old) and snowed in other tables, and went outside of the course of one-way and walk again with the said victim, and (c) the Defendant d (22 years old) followed again with the said victim, the kitchen (20cm length of the knife) in front of the chest and face of the said victim, which is a dangerous thing in possession of the knife, did not put about a knife a knife in front of the said victim’s chest and face.

쳐다봤잖아.

Whether or not it still remains.

“.......”

On the other hand, the defendant continued to say "I are missing" to the victim E (23) who meets this, and threatened the kitchen with the above kitchen in front of the face of the above victim.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol with D (including the part in which the statement in E is written);

1. Entry in a report on internal investigation (a conversation between A suspected victim and D Kakaox) (a conversation between the victim and A and D Kakaox);

1. Application of each video statute in relation to photographs, knife photographs and knife photographs by cutting down CCTVs at the scene of a crime;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable conditions of sentencing among the reasons for the sentencing as follows) (Scope of statutory applicable sentences) where a crime from January to June 1 of 10 is committed [the type] crime from January to June 1 of 10 [the type] crime and intimidation [the person who is habitually subject to special sentencing] - where the element of mitigation is not subject to punishment (including serious efforts for recovery of damage) or considerable damage is restored [the scope of recommendation] [the scope of recommendation] mitigated area.

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