특수협박
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 5, 2020, at around 21:15, the defendant, at the residence of the defendant in Guro-gu Seoul Metropolitan Government B apartment C, filed a dispute with the victim D (the 46-year old age), who is his spouse, and brought a knife a dangerous glass disease (the 300 m in length) to the victim, sent the knife the knife to the knife, and let the knife back the knife to the knife, and threatened the knife (the 29 m in total length, the 16 m in length) with the knife of the knife in front of the knife, and threatened the knife with the knife."
Accordingly, the defendant carried a knife and threatened the victim with a knife which is a dangerous object.
Summary of Evidence
1. Defendant's legal statement;
1. Protocols of seizure and list of seizure with respect to D police statements;
1. Application of field photographs and reports (to telephone conversations of witnesses, telephone conversations of victims, photographs of victim tools, and presentation of voice recording files) to Acts and subordinate statutes;
1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;
In light of the fact that the defendant's reason for sentencing has threatened his child with dangerous things such as knife and glass branches before his child reported for the reason of monetary conflict with the victim, not only the victim but also the child of the defendant was shocked, and the victim is preparing for divorce with the defendant and wanting for punishment.
However, the punishment shall be determined by taking into account all the circumstances indicated in the arguments of this case and the records, such as the fact that the defendant is led to the existence of a matrimonial relationship with the victim while making a confession, the fact that there is no criminal record other than a fine once due to a crime of immigration offense, the age, character and conduct, environment, motive, means and consequence of the crime,
It is so ordered as per Disposition for the reasons above.