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(영문) 대전지방법원 2020.04.27 2020고단959

특수존속협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

At around 19:50 on February 28, 2020, the Defendant: (a) heard that the her mother, “Ccafeteria” located in Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in order to the effect that the Defendant, along with the Defendant’s mother’s appearance, visited the Defendant that he wasted money while running a game with his mobile phone; (b) displayed a food knife (200cm in knife length) that is a dangerous object in his own bank under the influence of alcohol; and (c) threatened the victim, “the her mother, who is so late, died and died as the her mother died.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning internal investigation reports (Attachment of photographs), internal investigation reports (Attachment of 112 Report List for Handling Reports), 112 Report List for Handling Reports, 112 Investigation Reports, and investigation reports (the statement of a suspect's birth);

1. There are circumstances favorable to the defendant, such as the pertinent provision of criminal facts, Articles 284, 283(2) and (1) of the Criminal Act regarding the choice of punishment, the fact that the defendant’s reason for sentencing of imprisonment with labor is late, and that there is no other criminal record against the defendant, and that the victim wants to take the preference against the defendant.

However, it is difficult to justify the instant crime committed by the Defendant with knife against the victim who is her mother for any reason. The Defendant appears to have threatened the victim several times prior to the instant crime, and even before the instant crime, the Defendant appears to have hiddenly hidden attitude by the Defendant, such as hiding the knife of the Defendant’s appearance after the instant crime, but the investigative agency stated that the victim did not make a false statement or breathe, and that the Defendant’s flife is likely to have a strong punishment against the victim when she returned back to her mother. In addition, there are many other circumstances unfavorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and means of the instant crime.