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(영문) 부산지방법원 2018.09.19 2018고단3358

특수존속협박등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant shall not engage in emotional abuse that may inflict harm on the mental health of older persons by verbal abuse, intimidation, threat, etc. against persons aged 65 or older, while no one shall engage in emotional abuse against older persons who are 65 or older.

On July 16, 2018, at around 13:20 on July 16, 2018, the Defendant takes up three transitions (20cm in total length, 11cm in length on the day) which are dangerous objects displayed at the display site to be sold, without any particular reason, in the residence of the victim of Busan Dong-gu C in Busan, Dong-gu, Busan, without a alcohol.

One hand and another hand, and the victim's "influence" should be made.

“To the end, as it would inflict any harm on the body of the victim, the victim threatened.”

Accordingly, the defendant carried dangerous articles and threatened a lineal victim, and at the same time, engaged in emotional abuse that harms the mental health of the elderly.

Summary of Evidence

1. Partial statement of the witness B;

1. Statement made by the police against B;

1. Police seizure records and list of seizure;

1. An investigation report (as to the attachment of Part III of the 112 Report Processing Case List) / The victim seems to have made a statement by reducing the crime for the defendant who is the child while making a testimony in this court.

When comprehensively considering the fact that the victim reported another content in the preceding case, that the victim made a statement at the early stage of the investigation, that the victim made a trust, and that the defense of the defendant was not accepted, the above evidence is found guilty of facts constituting the crime in the judgment.

Application of Statutes

1. Article 284, Article 283 (2) and Article 283 (1) (a) of the Criminal Act (a means of intimidation on the existence of a deadly weapon), Article 55-3 (1) 2 of the Welfare of Older Persons Act, and subparagraph 6 of Article 39-9 of the same Act concerning the crime (a point of emotional abuse against older persons);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on special crimes of intimidation heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the community service order, are as follows in 2017.