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(영문) 청주지방법원 2019.02.01 2018고단2375

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant was a de facto marital relationship with the victim B (59 years of age) and was a de facto marital relationship around May 2018, and is a space living together with the victim C (49 years of age).

1. Special intimidation against the victim B around July 7, 2018: (a) around 06:20 on July 7, 2018, the Defendant: (b) took a dispute with C in the Defendant’s residence in the Seocho-gu D apartment E, Seo-gu, Seo-gu; (c) took the victim’s phone call; and (d) the victim went into the Defendant’s residence.

The Defendant: (a) deemed that the victim had a change in the body of the initial body of the Defendant, thereby opening the door to C; (b) however, C opened the door to the victim, who wishes to have the victim enter the house, called “the victim Mara, Mara,” but the victim did not respond thereto; (c) placed the food knife 2 knife, which is a dangerous thing in the kitchen, in both hands and hand, on the part of the victim; and (d) led the victim to any threat on the body of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, who suffered special injury to the victim C, knife the knife with the knife in the knife and knife at the time and place set forth in the above paragraph (1) and knife the knife, which is a dangerous object knifeed by the victim to restrain the Defendant, brought the victim a knife onto the victim, and brought the victim a kn

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning C and B;

1. A report on the inspection of occurrence of the case, and a report on the internal investigation;

1. Application of Acts and subordinate statutes to each photograph and diagnostic document;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (a) and 258-2 (1) and 257 (1) of the Criminal Act that stipulate the applicable provisions of the Criminal Act as to the facts of crime and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is Article 62(1) of the Criminal Act (a) (a person who agrees with the victim and is the first offender).