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(영문) 제주지방법원 2016.09.21 2016고단1066

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

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. 2. 25. 10:20 경 제주시 C, 2 층에 있는 피고인의 집에서 처남댁인 피해자 D( 여, 35세) 이 이혼소송 중인 피고인의 처를 데려가려고 하는 것에 화가 나 그 곳 주방에 있던 위험한 물건인 부엌칼( 칼 날 길이 22cm) 을 가져와 머리 위로 치켜들고 피해자를 향해 찌를 듯이 위협하며 " 죽여 버리겠다 “라고 말하였다.

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

2. In the above time, at the above time and place, the Defendant was faced with the Defendant’s wife and franchising the Defendant’s wife while threatening the victim as seen above, and the kitchen knife the Defendant’s wife, then the Defendant was pushed down with the Defendant’s wife, and the Defendant continued to inflict an injury on the victim, such as the Defendant’s flachis and tensions that require approximately two weeks of treatment with the victim’s shoulder and flachis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Reporting on the arrest of the victim, and field pictures;

1. Police seizure records and blade photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 284 and 283 (1) of the Criminal Act (the point of special intimidation, the choice of imprisonment with prison labor) and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Confiscation: It is so decided as per Disposition for the reasons under Article 48 (1) 1 or more of the Criminal Act;

The grounds for sentencing (within the scope of the sentencing guidelines) basic area of special intimidation: June -1 year and June: the area of mitigation of general injury (light injury): February -1 year: the processing of multiple offenses: the circumstances favorable for six months -2 years: the absence of a previous record of suspension of execution or more;