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(영문) 울산지방법원 2017.10.12 2017고단1984

특수존속협박

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On January 20, 2017, the defendant was sentenced to a suspended sentence of two years for a violation of the Fisheries Act by the Daegu District Court on the grounds that he/she violated the Fisheries Act, and the judgment became final and conclusive on February 1, 2017, and is currently under suspended sentence.

On June 3, 2017, the Defendant used a knife knife (the total length of 77cc and the knife 34cc) for the knife knife knife, which is a dangerous object, to the victim E (the father) who was his father, who was reporting TV at the inside of the Defendant’s house located in Ulsan-dong-gu, Ulsan-gu, U.S. at around 11:30 on June 3, 2017, and knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

“Fastly sound”.

Accordingly, the defendant carried a knife knife, which is a dangerous thing, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 284 and 283 (2) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: the Defendant, without any special reason, is expected to kill the knife against the father and wife of the aged (78 years old).

In light of the relationship with the victim, the means of the crime, and the result, etc., the nature of the crime is very heavy, the mental impulse and pain of the victim at the time was considerable, the fact that he did not know even during the period of suspension of execution and did not go to the crime of this case, and several favorable circumstances that have the record of criminal punishment for several times: the defendant reflects the crime of this case, there are some aspects of contingent crimes, and the victim is the wife of the defendant.