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(영문) 서울서부지방법원 2019.10.17 2019고단2176

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

(Special Intimidation) The Defendant, after having divorcedd from the victim B (V, 72 years of age) and around 2015, lived again from June 2018.

On June 21, 2019, around 21:00, the Defendant and the victim living together with the Defendant in Eunpyeong-gu Seoul Metropolitan Government threatening the victim by using the kitchen knife (20cm in the knife length), which is an object of sudden danger in D apartment E, and by stating that “the victim “the victim seems to have died of ear and die of ear.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal death (attached kitchens, etc. used by a suspect at the time when the suspect threatens the victim);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 284 and 283 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria [Determination of types] for violent crimes: Types 4 (Cumulative Offense, Special Intimidation) (Special Intimidation) (Special Intimidation) mitigated factors - mitigated areas of punishment (the area of recommendation and the scope of recommendation), mitigated areas of punishment (the area of recommendation and the scope of recommendation), two months to one year of imprisonment;

3. Determination of sentence: The portion concerning the dismissal of prosecution as follows: Six months of imprisonment and one year of suspended sentence (unfavorable circumstances) period of imprisonment with prison labor, and one year of suspended sentence are very dangerous, and the shock that the victim has suffered as a result of the agreement with the victim is extremely high [limited], and the victim does not want the punishment of the defendant, contingent crimes, the defendant's mistake is seriously divided, and his life is neglected separately from the victim (Assault);

1. On June 20, 2019, the Defendant of this part of the facts charged stated in this part of the facts charged: (a) the Defendant and the victim B (the age of 72) in Eunpyeong-gu Seoul Metropolitan Government (the age of 18:30) together live in D Apartment E; and (b) the Defendant would die because of the victim’s refusal to dispose of the present apartment.