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(영문) 대전지방법원 2019.11.22 2019고단3618

특수존속협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a victim B (n, 93 years of age).

On September 12, 2019, at around 16:50, the Defendant rejected the Defendant’s request from the care center at home of the Defendant, Seo-gu Daejeon, Seo-gu, Daejeon, to report the Defendant’s request from the care center, and when the Defendant took the face and boom of the victim by hand.

The Defendant: (a) in a kitchen, the kitchen knife (the total length of 34cm, the knife length of 21cc) was used by the Defendant in a kitchen and hand; and (b) the Defendant stated, “the victim shall be the young, the same as the elderly, the deceased, and the deceased.”

In addition, the defendant stated that the knife is the same as the defendant's knife, and that "the defendant will leave the knife inside the knife." to the victim.

Accordingly, the defendant carried dangerous things and threatened the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B’s statements and statements recorded CDs;

1. Records and lists of police seizure;

1. Reporting on the arrest of a flagrant offender, such as special intimidation, internal investigation reports, and investigation reports;

1. Application of Acts and subordinate statutes to parts of damage, deadly weapons, and pictures and photographs;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (2) and (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor, and the reasons therefor;

1. The scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the scope of punishment] of intimidation crimes [the type 4] repeated offenses, special intimidation [the special sentencing]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered, the aggravated factors: the victim who continues to exist, victims who are vulnerable to the crime [the scope of the recommended area and the recommended punishment] increased area, six months through two years of imprisonment.

3. Determination of sentence: The circumstances favorable to the defendant are recognized, such as that the defendant has committed a contingent crime in depth for six months of imprisonment with prison labor, and that the victim who is the mother wants to have his wife.

However, the crime of this case is committed against the mother of over 90 years of age who gets her own.