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(영문) 대구지방법원 의성지원 2019.01.31 2018고단224
특수존속협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 23, 2018, at around 21:00, the Defendant collected the transition (total length: 22 cm, blade length: 11 cm) which is a dangerous thing in the kitchen, on the ground that the mother, E (here, 58 years of age) does not easily see one’s own talk, at the residence of the victim D (the 40 years of age) who is a type of b loan C in Dongjak-gu Seoul Metropolitan Government, 2018, and carried out actions that seem to pose a threat to the body of the victims by displaying the above transition to the victims by stating, “the dead, dead, and dead, as in the beginning, the same year, and the knife length: 11cm.”

Accordingly, the defendant carried dangerous things and threatened the victim E with the victim D and the surviving victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims;

1. Written statements of victims;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (related to the blades) and a report on investigation (family relation certificate);

1. Articles 284 and 283(2) of the Criminal Act applicable to the relevant criminal facts, and Articles 284 and 283(2) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and consequence of the crime, etc., under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case.

The crime of this case is committed on an unfavorable basis: The knife the knife, which is a dangerous thing, puts on the floor, threatens the knife and her mother, and in view of the method of crime and the relationship with the victims, the quality of the crime is not good. In particular, the Defendant was sentenced to a suspended sentence of two years on March 27, 201 by imprisonment with prison labor and six months for robbery, etc. at the Cheongju District Court on April 4, 2014.

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