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(영문) 수원지방법원 성남지원 2016.08.18 2016고단1128

특수협박등

Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, at around 05:00 on April 10, 2016, at the Defendant’s home room located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-si, would avoid assaulting the victim’s wife D (n, 51 years of age) while drinking the night drinking at the Defendant’s home room located in Seongbuk-gu, Sungnam-gu, Seoul. If the Defendant were to mislead the victim into his/her ward “if he/she did so, he/she would be

"........." assaulted the victim's chest once drinking.

2. A special intimidation Defendant, at the time, at the place specified in paragraph 1, shall assault the victim D, as stated in paragraph 1, and shall enter a small room in which the victim E (n, 24 years old) who is his/her father and his/her father and wife, (n, 24 years old) took a visit by using the kitchen knife (19cm on the blade, 12cm on the knife, knife, knife 12cm), and shall die without opening a door.

In this regard, the victims were threatened by considering the attitude that they seem to cause harm to the life and body of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of seizure records and statutes concerning the list of seizure;

1. Articles 284, 283 (1) (a point of special intimidation) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness and absence of criminal records exceeding the fine, etc.);

1. The community service order under Article 62-2 of the Criminal Act;