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(영문) 서울남부지방법원 2019.01.24 2018고단6461

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 58) were married with a couple, and the Defendant had an appraisal that the victim did not use his house brypt while attending a church, on the ground that the victim did not use his house brym.

1. On November 29, 2018, at the ward of Yangcheon-gu Seoul building C, a residence of 07:35 on November 29, 2018, the injured Defendant: (a) laid off the victim’s clothes by forcing him/her to check what he/she had been, she would have to check; (b) taken him/her in his/her inside with his/her hand; (c) taken him/her away from the victim’s clothes; (d) taken him/her off his/her her body, her head, her head, and boomed the victim, the victim was click at 15 days of treatment.

2. In the same time and place as the above 2 above, the Defendant threatened the victim with the injury and then booming the kitchen knish, which is a dangerous object in the place, with a view to taking the kitchen knish on the kitchen, and the victim’s “I will die and die, even if I will die.”

Accordingly, the defendant carried dangerous things and threatened the victim's life and body as a result.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. 112 Reporting case handling table; and

1. Investigation report (Submission of a medical certificate of injury of a victim), and a medical certificate of injury;

1. Each investigation report (to hear victim's telephone statements and hear victim's telephone statements II);

1. Application of each of the relevant Acts and subordinate statutes to photographs of evidence (the victim's hair, 16 pages of evidence), kitchens, and kitchen knife);

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act.