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(영문) 대구지방법원 2017.06.13 2017고단1638

특수협박

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship living together with the victim B (n, 41 years of age) and about seven years of age.

피고인은 2016. 12. 25. 10:00 경 대구 북구 C에 있는 피고인의 집에서 피해자가 아들 D과 함께 바람을 쐬러 나가려고 하자 피해자에게 아들을 두고 나가라 말하여 피해자와 서로 말다툼을 하던 중 그곳 주방에 있던 위험한 물건인 부엌 칼( 총길이 32cm, 칼날 길이 20cm) 을 오른손에 들고 피해자의 옆구리에 찌를 듯이 들이 대어 피해자를 협박하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of three Acts and subordinate statutes to seized articles and on-site photographs;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act is a dangerous act that may cause a serious damage to the life and body of the victim: Provided, That the defendant's act recognizes and reflects the crime, the victim seems not to have suffered a big damage to the victim, and the victim does not want to be punished, and there is no record of crime exceeding violence and fine. In addition, the defendant's age, sexual behavior, environment, motive for the crime, means and consequence of the crime, the circumstances after the crime, etc. shall be taken into account, and the punishment shall be determined as ordered by the order.