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(영문) 인천지방법원 2020.01.15 2019고단8410
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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(n, 47 years old) are the legal marital relationship between the defendant and the victim B(n, 23 years old), and the victim C(n, 23 years old) is born between the victim B and the Vietnam.

1. Around November 17, 2019, the Defendant: (a) around 17:50 on November 17, 2019, the Defendant used kitchen blades (32 cm in total length, 20 cm in length on the day length) which are dangerous things in the kitchen while the family members in dialogue with the victim B in building D, Nam-gu, Incheon, Nam-gu, Incheon; and (b) the Defendant told the victim that “I will kill the victim by following the said item.”

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

2. In the time and place described in paragraph (1), while threatening B with the kitchen knife, which is a dangerous object, such as paragraph (1), the Defendant suffered special injury, C took the Defendant’s grandchildren in the direction of the victim by pushing the kitchen knife of the victim’s left part with the kitchen knife in the direction of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open wound that does not damage saws that need to be treated for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Records of seizure and the list of seizure;

1. Photographs of the blade, photographs of the damaged part of C, on-site photographs, and marks of the 112 reported cases;

1. Application of the investigation report (No. 17,25) and the Act and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the occupation of special intimidation and the choice of imprisonment), and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The records and trial process of this case, including the following circumstances under the grounds for sentencing under Article 62(1) of the Criminal Act, and the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of the instant crime, and circumstances after the crime was committed.

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