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(영문) 대전지방법원 천안지원 2019.06.26 2019고단825
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 06:50 on February 16, 2019, the Defendant: (a) taken the victim D(32) who works at the same workplace in Asan City C office located in Asan City B, and took the face of the Defendant several times, and threatened the victim by taking the knick (20cc in length and 33cc in length) that is a dangerous object that he had in advance within the rierusus.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes concerning field photographs and caps;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The punishment as set forth in the order shall be determined by taking into consideration the following: (a) the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, in expectation of the dispute with the victim, prepared and prepared in advance a knife knife, which is a dangerous object, is bad; (b) the victim wants to punish the defendant; (c) the victim is responsible for the occurrence of the case by assaulting the defendant first; (d) the victim is liable for the occurrence of the case; and (e) the defendant has

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