특수존속협박
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On June 16, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on the same day, and the judgment became final and conclusive on June 24, 2016.
【Criminal Facts】
The defendant is a victim C (math, 73 years of age) and female relationship.
1. Around 06:00 on May 22, 2016, the Defendant: (a) found the victim’s house located in Daegu-gu Dong-gu, Daegu-gu around 06:00 on May 22, 2016; (b) taken a knife (18cc in the length of the knife) with the knife, which is a dangerous thing in the kitchen, into the victim’s hand; and (c) threatened the victim by saying, “Ba mental hospital 22 times in the knife. knife. k. k. k. k.”
2. On May 22, 2016, at around 23:10 on the same day, the Defendant found in the “F cafeteria” of the victim’s operation in Daegu-gu Dong-gu, Daegu-gu, around 23:10 on the same day, and threatened the victim by taking away the transition (12 cm in length) that is a dangerous thing in the kitchen-gu, Daegu-gu, Seoul-gu, and by threatening the victim, “the victim is dead.”
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and G;
1. Records of seizure and the list of seizure;
1. Investigation report (Attachment of photographs of seized articles), excessive amount, and knife photograph;
1. Previous records of judgment: References to criminal records, investigation reports (verification of the progress of sound driving trials), Daegu District Court Decision 2016 High Court Decision 1383 shall apply;
1. Relevant Articles 284 and 283 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 of the suspended execution (i.e., that there is an peny, that the victim has used the defendant, and that the mental illness suffering from the defendant seems to have affected the crime of this case, but the efforts for medical treatment in the future are made;