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(영문) 서울동부지방법원 2018.08.16 2018고단1022

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 12:40 on March 13, 2018, the Defendant, who intruded upon a residence, opened a gate that was not corrected in the victim C’s residence located in Songpa-gu Seoul Metropolitan Government 901 Dong 707, and intruded on the victim’s residence.

2. A special intimidation: (a) the Defendant used a knife (20 cm on the blade, 13 cm on the blade, 13 cm on the knife) of the length, which is a dangerous object, to the victim C (here 52 years of age) who was divorced 10 years prior to drinking at the above time and at the above time and place; and (b) threatened the victim, who was with the main entrance that the Defendant could not enter, with the knife, attempted to put the said entrance and attempted to cause danger to the victim’s life and body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 284, Article 283(1) (a) and Article 319(1) (a) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. In the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant and the victim, who was divorced in around 2008, submitted a prior application to the court for the sentencing of Article 38(1)2 and Article 50 of the same Act.

However, the defendant has continuously shown the behavior of bullying to the victim.

The instant case also took several phone calls on the day, and prepared a knife with the victim's residence, and went into crime by intrusion upon the victim's residence, and the nature of the crime is not very good. Accordingly, the victim's fear and shock is very high, and it seems that it will lead to the future.

Defendant has been punished for a crime related to the same kind of violence.

Therefore, the sentence of imprisonment, which is isolated from society and injured person for a certain period, is to be imposed, and the defendant's age, sex, environment, motive of crime, etc. is to be imposed.