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(영문) 대전지방법원 천안지원 2019.01.10 2018고단1982
특수협박등
Text

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

1. On May 4, 2018, the Defendant used double parking in front of the vehicle of the victim B (Nam, 41 years of age) at the lower parking lot located in the enclosed-ro 12, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-ro, Yancheon-gu, in order to take advantage of the victim’s second hand while the Defendant was in a dispute with the victim, and assaulted the victim by taking advantage of the victim’s second hand.

2. Special intimidation: (a) at the same time and place as mentioned in the above paragraph (1) above, the victim resisted the assault stipulated in the above paragraph (1), and (b) with golf loans, which are dangerous objects stored in the between the vehicle of the Defendant’s vehicle, the Defendant laid the golf bonds, which are “Is the victim with a string, died of the string,” and displayed golf bonds to the victim, and the victim kiddds the victim’s knife with the knife of the knife, while driving the knife.

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Police and suspect examination protocol of each prosecution against the accused;

1. Statement to C by the police;

1. B written statements;

1. Investigation report (the analysis of a video file) (the defendant asserts that there is no possibility that the defendant will take back the victim or display a golf bond, but according to the investigation report that analyzes the statements of the victim and witness, and the video file based on each of the above evidence, it can be acknowledged that the defendant committed each crime under the judgment of the court. Accordingly, the defendant's assertion shall not be accepted) and the law shall be applied.

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283 (1) of the Criminal Act (a point of threat to carry dangerous articles), Article 260 (1) of the Criminal Act (a point of violence) of the Criminal Act, the choice of imprisonment for a crime;

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

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

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act shall be taken into account such factors as motive and method of committing a crime, degree of damage, the degree of failure to agree with the victim, and records of identical crimes

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