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(영문) 수원지방법원 2017.08.24 2017고단4418

특수존속협박

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years of imprisonment with prison labor on June 30, 2016 on the grounds of a special injury in existence at the Suwon Friwon, etc., and the sentence becomes final and conclusive on July 8, 2016 and is currently under suspended sentence.

[2] On June 30, 2017, the Defendant: (a) around 10:15, the Defendant: (b) was under the influence of alcohol at the home of the Defendant, she was placed on the part of the Victim D (Woo, 77 years old) who was a fluor’s own hand, without any justifiable reason; and (c) was placed on the part of the Defendant, who was in danger of the Victim’s house at the victim’s house (19.5cm in total length, 10cm in knife in knife) and said, “the death of the Defendant” to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Seized articles and on-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of a suspended sentence of suspects);

1. The reason for sentencing under Article 284, Article 283(2), and Article 283(1) of the Criminal Act (the special crime) on criminal facts and Article 283(1) of the Act on the Selection of Punishment [the scope of recommended punishment] The victim (a person subject to special aggravated punishment] who continues to exist [the sentence] who is an aggravated (8 months to 2 years) in the aggravated area (special intimidation) (8 months to 2 years) of the fourth type (special aggravated punishment] (a person subject to special aggravated punishment] when the defendant inflicts a bodily injury upon his mother of his or her mother of the victim or inflicts a bodily injury upon him or by assault, and was sentenced to a suspended sentence for three years on June 30, 2016, while he or she was under the suspended sentence. In this case, the defendant committed the crime of this case on June 30, 2016, while he or she was under the suspended sentence for three years on June 2, 201. The method and risk of the crime are as follows.