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(영문) 수원지방법원 평택지원 2016.09.29 2016고단1780

특수협박

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is currently a de facto spouse in de facto marriage under victim D (n, 46 years of age) and is currently living separately with the victim.

On August 24, 2016, around 00:19, the Defendant found the victim’s residence of Pyeongtaek-si E apartment B 103, and was living in the ward, and caused the victim to have a defect to enter himself/herself as an embankment for damage prevention.

The Defendant, upon the victim’s 112 report, sent out by police officers, took the kitchen knife ( approximately 35 cm in total length, approximately 25 cm in length), which is a dangerous thing in the kitchen scam, and as such, “Ne reported” to the victim.

(i) To see the sound “Irh,” and to take the spact in the coolant while the victim is deemed to be the victim.

In addition, the kitchen was taken in a kitchen.

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has a record of being punished several times by violence, and in particular, even before having been sentenced to a suspended sentence of imprisonment due to domestic violence, the Defendant again exercised violence at the home where the female children are located, and also threatened the victim in the situation where the police officer called out.

These repetitive crimes led to fears of great fears between victims and children, and had a significant negative impact on the mental growth process of children.

Although the nature of the crime is not good, the execution of imprisonment shall be suspended in consideration of the fact that the seriousness of the crimes of domestic violence is ensured through life, and that the victims and children of the defendants are forced to return to their home.