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(영문) 서울서부지방법원 2016.05.27 2016고단1122

특수협박등

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

1. 특수 협박 피고인은 2016. 4. 6. 14:00 경 서울 은평구 C 건물 402호에 있는 피고인의 집 거실에서 배우자인 피해자 D( 여, 58세) 과 이발소 운영에 대하여 말다툼하던 중 격분하여, 주방에서 위험한 물건인 과도( 칼 날 길이 9cm, 전체 길이 20cm )를 가지고 와 손에 쥔 채로 피해자에게 “ 죽여 버리겠다, 병신 만들어 버리겠다” 고 말하여 피해자를 협박하였다.

2. A special injury Defendant was dissatisfied with the victim D’s negligence in the operation of the complaint. Around April 8, 2016, the victim was aware of the situation between another male and her mother, resulting in suspicion of the victim’s external appearance. Accordingly, the victim was frightened with the victim.

On April 14, 2016, the Defendant: (a) around 00:11, at the home room of the above Defendant; (b) made the victim “Ahh” to see the victim’s face in the direction of the Defendant; (c) made the victim look at the victim’s face on one occasion on the road, which is a dangerous object possessed in the kitchen, the victim’s left side side of the victim’s eye was cut off one time, and 1 cm above the left side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

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

1. The excessive photograph seized and the photograph of the upper part of the victim D;

1. Recording notes;

1. Application of the legislation in its opinion;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act (the point of intimidation to carry dangerous articles and the choice of imprisonment) concerning criminal facts, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (the punishment imposed on a special injury heavier than the punishment) shall be aggravated for concurrent crimes;

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

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

1. The sentencing of Article 48(1)1 of the Criminal Code for forfeiture is based on the following circumstances, the age, sex, and environment of the defendant.