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(영문) 광주지방법원 2018.06.29 2018고단1522

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2018, the Defendant: (a) returned home in the Defendant’s dwelling at No. 101, 602, and 22:00, Jinyang-gun apartment B, Namyang-gun, 101, 101, 602; and (b) brought the Victim C (17) who was an son, and called “finitely drinking” to himself; and (c) brought the Defendant into the small room, where the Defendant used for the victim, who was a dangerous thing (17 cm in total length and 7 cm in length of the day) under custody in the Jeju Troke.

In the phrase of “to die,” the victim threatened the victim by committing four times the door of the wall garlment of the inner wall so that the victim may feel fear and fear.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

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

1. Application of statutes on site photographs;

1. Article 284 of the Criminal Act concerning the crime;

1. Selection of an alternative sentence of imprisonment (where there are several family protective dispositions, such as taking account of the fact that there are several family protective dispositions);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the background of the crime, the fact that the victim does not want the punishment, and the fact that there is no penalty exceeding the fine);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The part concerning the dismissal of public prosecution under Article 48(1)1 of the Criminal Act

1. The summary of the facts charged is the legal couple married to the victim D (n, 44 years) and in 1993.

The Defendant, on March 1, 2018, on the ground that the victim D, the spouse of the Defendant, did not have a conversation without entering his/her speech within the residence of the Defendant, No. 101, 602, Namyang-gun apartment B around 16:00, 2018.

The victim threatened the victim D with any harm, such as “prisoning to die and to die and to die with the South Eastern life of width,” etc.

2. Determination:

(a) Crimes of non-violation of intention (Articles 283(1) and 283(3) of the Criminal Act);

B. On June 20, 2018, the date of the instant indictment, the victim D’s expression of intention not to punish the victim D.

(c) Grounds for a judgment dismissing a public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);