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(영문) 제주지방법원 2018.02.06 2018고단14

존속협박

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On July 20, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of intimidation at the Jeju District Court, and completed the execution of the sentence at the Jeju Prison on January 10, 2017.

[2] On December 26, 2017, at around 21:10, the Defendant, at the residence of the victim D (Woo, 67 years of age) who is the mother of the Defendant, who is the Defendant in Jeju-si, expressed the Defendant’s desire to engage in drinking alcohol to the Defendant, and boomed about 10 minutes of breath, such as a breath’s breath, and breath’s breath, etc., to the police, and the Defendant, at around 26, 2017, told the Defendant to the Defendant, and acted as if the victim’s body was injured.

Accordingly, the defendant threatened a lineal ascendant victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation, related photographs;

1. Persons on December 26, 2017, among the 112-reported case handling lists;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of crimes, etc. during the same criminal record and the period of repeated crime), and other Acts and subordinate statutes;

1. Article 283 of the Criminal Act applicable to the crime, Article 283 (2) and (1) of the Criminal Act, the selection of punishment for imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes recognizes the defendant as a crime, and the symptoms, etc. of alcohol appear to have been partly caused by a crime.

However, the Defendant received a disposition not to institute a prosecution against the same victim as a crime, on several occasions (the Defendant received a disposition not to institute a prosecution against the same victim for the intimidation in 2010) and was sentenced to a fine on the following grounds: (a) there was no right to institute a prosecution against the intimidation in 2010; (b) the suspension of indictment for the damage of property in 2012; (c) the intimidation in existence was sent to a home protection case on April 1, 2015; (d) the suspension of indictment and the threat on the existence and existence of a person on September 1, 205; and (e) in 2008, the Defendant was under the influence of alcohol in the victim’s house, and was sentenced to a punishment for the crime of intimidation in 2015 on three occasions.