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(영문) 청주지방법원 2016.09.09 2013고단1607
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

1. The defendant shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

1. On September 14, 2013, at around 08:30, the Defendant: (a) under the influence of alcohol, threatened with the victim C (20 cm) who is a woman living together with the Defendant, and threatened with the victim by her knife (38 cm in total length, 26 cm in length on the day) which is an object dangerous to the Plaintiff; and (b) under the influence of alcohol, the Defendant threatened the victim by exposing the victim’s timber, the chest part, etc.

2. The Defendant: (a) was arrested and investigated as a current offender against the victim E (50 years old) in the circumstances belonging to the said district group, which was dispatched to the scene after receiving the report of the instant case, at around the same time, at the D District World Police Station D (D) where the Defendant was located in Gidong-dong-dong-dong-dong-si; (b) while there are police officers, etc. of the same police officer, etc., the Defendant insultingd the victim of the said district, such as “packer, singing, and killing the victim.” (c) The Defendant was a public prosecutor of the Republic of Korea, who is a public prosecutor of the Republic of Korea. (d) the Defendant was hacking the victim of the instant district, such as hacking the victim of the har-dong-dong-dong-gu

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of witness F, G, and E;

1. Each police statement protocol against C and E;

1. Arrest report on occurrence of the case, protocol of seizure and list and photograph of seizure;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 284, 283 (1) (Special Intimidations, Selection of Punishment of Imprisonment), and 311 (Contempts and Selection of Punishment of Imprisonment) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. As to the assertion of the Defendant and his/her defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant and his/her defense counsel did not commit any harm to the victim, and the victim did not feel a threat.

Since it is stated, it is argued to the effect that the crime of special intimidation cannot be established because it is not possible to recognize intimidation or constitutes an attempted intimidation.

In order to establish a crime of intimidation, the content of the harm and injury notified is the tendency of the offender and the other party.

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