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(영문) 수원지방법원 2020.03.19 2019고단6018

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

The excessive one (No. 1) seized shall be forfeited from the accused.

Reasons

Punishment of the crime

【Criminal Power】 On September 19, 2017, the Defendant was sentenced to a suspended sentence of two years for special intimidation, special assault, and assault, at the Suwon District Court on August 27, 2017, and the said judgment became final and conclusive on September 27, 2017. On August 14, 2018, the same court was sentenced to eight months of imprisonment for special injury, and the said suspended sentence was invalidated on May 3, 2019.

【Criminal Facts】 The Defendant and the victim B (the age of 61) live together from November 2016.

1. A special intimidation Defendant: (a) around 15:00 on October 2, 2019, at the victim’s residence in Suwon-si C and D, Suwon-si, Suwon-si, the victim has reduced the victim’s day to excessively, and (b) takes the victim’s knife in his hand the excess (10.5cm in length, 10cm in knife, 20.5cm in total length, 20.5cm in knife in knife) and stated in the indictment that “the victim’s knife in knife,” but according to the victim’s investigative agency and legal statement, the Defendant was making excessive gathering of the victim’s day to hand at the time of committing the crime of special intimidation, and the excess seems to have never been a knife to the victim; and (c) therefore, this part of the crime is corrected.

The victim tried to mislead the victim's interest without giving money.

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

2. A special assault Defendant: (a) around 23:00 on October 3, 2019, at the residence of the victim of Suwon-si C and D, the victim’s excessive reduction of the victim’s task at his/her own risk (10.5cm in length on a day, 10cm in knife, 10cm in total length, 20.5cm in knife in knife in knife in knife in knife) and knife in knife in knife in knife in knife; (b) the victim refused this, he/she expressed his/her desire to “this year” to the victim; (c) tears his/her clothes with the victim’s knife in knife in knif