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(영문) 서울동부지방법원 2016.09.12 2016고단2558

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant was divorced on September 2015 from the victim C (V, 50 years old) who had legal marital relations with the victim, but the victim was living together with the victim for reasons such as not having economic ability to cover medical expenses and living expenses of the female having intellectual disability, and led to de facto marriage.

1. A special intimidation Defendant: (a) around August 5, 2016, at around 20:20, at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government D and 202; (b) under the influence of alcohol, the Defendant d and 202 expressed the victim’s bath while taking a bath; and (c) the victim resisted the victim; (d) at the kitchen of the said residence, the Defendant has a kitchen knife (40cm in total length) at the kitchen of the said residence; and (e) has a kitchen knife of the victim who immediately avoided his body from the body outside of the house, and (e) has taken the kitchen knife

“.......”

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

2. 공용 물건 손상 피고인은 2016. 8. 5. 20:35 경 위 주거지에서 112 신고를 받고 출동한 경찰관들에 의해 제 1 항의 폭행 혐의로 현행범인 체포되고, 서울 강동구 성내로 57에 있는 서울 강동 경찰서로 인치되어 유치장에 입감된 후, 유치 실 내 담요와 베개를 내팽개치고 욕설을 하고 화장실 문을 주먹으로 반복하여 치는 등 계속 소란을 피우다가, 다음 날 00:10 경 유치 실 내벽에 고정되어 있는 철제 세면대를 수회 발로 차 벽에서 이탈시키고 세면대 하부가 움푹 패게 하여 수리비 80만 원이 들도록 하였다.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the police against C;

1. Each statement of E, F and G;

1. Written estimate;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) and 141(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor.