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(영문) 서울남부지방법원 2019.06.28 2019고단1270

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

1. On March 1, 2019, at around 23:30 on March 1, 2019, the Defendant: (a) expressed a knife, which is a dangerous object that the victim C (the 50-year-old age-) and the victim D (the 45-year-old age-) used in one’s house, on the ground that the victim turned on the second floor corridor, etc.; (b) made a kitchen knife (the 19cm in length and the 32cm in total length) while the victim C going out of the stairs, and made a threat as the victim knife, who is a dangerous object, and knifeed the victim D with his knife and stick, and caused the victims.

2. The Defendant damaged the property of the victim by leaving a stick made of metal, which is a dangerous object of the window windows of the victim C, at the same time and place as the above 1.1.

3. The Defendant suffered special injury, at the time, at the time, and at the place under the above paragraph (1) 1., damaged the victim’s coconsivity, which requires medical treatment for about two weeks, by unloading the victim’s cocons with the stick, which is an object dangerous to the victim C.

4. The Defendant: (a) committed an assault to the victim by putting the victim’s body 1, the left side leg with a stick, which is an object dangerous to the victim D on the ground that the victim D knows himself/herself at the date, time, and place under the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1), 366 (a), 258-2(1), and 257(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, the choice of punishment for each of the following crimes: Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act