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(영문) 의정부지방법원 2017.09.21 2017고단3843
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

Seized knife shall be confiscated.

Reasons

Punishment of the crime

The defendant is between the victim C (V, 64 years old) and the married couple.

1. On August 20, 2017, the Defendant assaulted the victim by taking care of the part of the victim’s neck and taking care of the victim’s shoulder by drinking, on the ground that the victim’s drinking value in his/her dwelling space D and C residential dwelling space was not known to the victim at his/her own expense, around 16:20, the Defendant used the victim’s shoulder.

2. The Defendant continued to make special intimidation, at the time and at the place specified in paragraph 1, opened a door of the kitchen and made dangerous things inside the door, knife the knife (the total length of 32 cm and the knife length of 20 cm) with a knife and knife the knife of the victim, and threatened the victim by taking the knife (the knife) with a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A list of risk of recidivism of domestic violence;

1. A damaged photograph and knife photograph;

1. Documents pertaining to the seizure of knife for committing the crime;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of a photograph of confirmation, such as the length of the blade for special intimidation);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, the selection of imprisonment for a crime;

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

1. Taking into account the following factors: (a) the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act reflects the Defendant’s mistake; (b) the Defendant committed a crime while taking advantage of her life; (c) the Defendant was old; (d) there was no previous conviction other than two times before and after a fine previously committed by the Defendant; and (e) the victim and his/her children want to punish the Defendant; and (e) the victim and their children want to keep the Defendant from isolation for a certain period of time.

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