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(영문) 수원지방법원 안양지원 2016.02.12 2016고단14

특수존속협박

Text

A defendant shall be punished by imprisonment for two years.

excessive one (Evidence No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On September 18, 2014, the Defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for a crime of assaulting in force at the Suwon Friwon, and was sentenced to one year of imprisonment with prison labor for a crime of assaulting in force at Suwon Friwon on February 5, 2015 during the grace period, and the said sentence became final and conclusive on April 23, 2015, and the said suspended sentence was invalidated, and the execution of each of the above sentence was terminated on September 19, 2015.

[2] The Defendant, while drinking alcohol from 17:50 on December 30, 2015 to 17:50 on the king City apartment 102-dong 505 on December 30, 2015, the Defendant said that the Defendant’s mother victim D (the 86-year age) who was the Defendant’s mother would be “her only drinking.” The Defendant would have to die for the following reasons: “Chewing years, the same year, the bitch son’s son’s son’s son’s son’s son’s son’s son.”

” 고 하면서 그 곳 주방 서랍에 있는 위험한 물건인 과도( 총 길이 22cm, 칼날 길이 12cm )를 꺼 내 와 피해자의 가슴에 들이댔다.

In this respect, the defendant threatened the victim who is the defendant's existence with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

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

1. Family relation certificate;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (written report bound with a copy of the text of the judgment, date of release, etc.);

1. Relevant Article of the Criminal Act and Articles 284, 283 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / Article 48(1)1 of the Confiscation Criminal Act / [the victim who continues to exist in the area of special aggravation (from August to three years) / [the victim] / the victim, the victim of the same repeated crime [the decision of sentence] wishes to have the preference of the defendant (the victim's old age does not reflect it as a special mitigation factor because it is difficult to confirm clearly the victim's expression of intention not to punish) / The victim committed a crime under the influence of alcohol and thus does not repeat the victim under the treatment of alcohol.