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(영문) 창원지방법원 통영지원 2016.10.19 2016고단1154

특수존속협박

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

Reasons

Punishment of the crime

On July 29, 2016, at the defendant's house located in Tong Young-si B around 10:50, the defendant threatened the victim C (the father of 65 years of age) with a food knife (the knife No. 1, the total length of 30cm, the knife length of 19c) which is a dangerous object in the kitchen, and with a knife the victim's knife with a knife that the victim C (the father of 65 years of age) knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife's money.

Accordingly, the defendant carried dangerous things and threatened the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each investigation report (blade photographs, 112 reported details, and written agreement);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (2) and (1) of the Criminal Act, the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] and the scope of the mitigated sentence (Habitual, Cumulative, and Special Intimidation) according to the type 4 (Habitual, Habitual, and Intimidation) (4 to 1 year) are not subject to punishment

2. Determination of sentence - Determination of favorable circumstances: the fact that the alcoholic beverage appears to be a somewhat contingent crime under the influence of drinking, the fact that the victim who was referred has agreed with the victim, and that the defendant would be able to take the alcoholic beverage in the future when he reflects his mistake.

(k) Unfavorable circumstances: there is no room for putting together the motive for committing the crime, and the contents of the crime also are sponsed, and the risk thereof is high, such as using kn

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the Defendant, and the community service order shall be added with reflective and sexual reflection.