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(영문) 서울중앙지방법원 2018.05.25 2018고단765
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 7, 2017, around 13:18, the Defendant: (a) led Libera to the road located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and stopped the victim D ( South, 33 years old).

The Defendant reported the above accident to the police, and the Defendant saw the knife knife knife (17 cm in total length, 10.5 cm in knife) as a dangerous object in his possession, and knife knife knife “this knife, knife, knife, knife, knife).”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written statement of the victim;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to kacker photographic data used by the person under crime;

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. The defendant asserts that the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife."

2. Determination

A. Comprehensively taking account of each of the above evidence duly adopted and examined by this court, the victim D told the investigative agency that “it is necessary for the Defendant to die of the same bracker” by putting the knick for himself up to this court.

Recognizing the facts consistently stated, “ insofar as the victim seems to have no motive to make a false statement consistently contrary to the Defendant’s interest,” the credibility of the statement can be recognized. As such, on the basis of the victim’s foregoing statement, the Defendant is able to see the victim’s knife with a knife and with the victim’s knife and with the victim’s death.”

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