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(영문) 서울북부지방법원 2018.04.06 2018고단138
특수존속협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On January 6, 2018, at around 05:00, the Defendant expressed a knife to the Victim F (F, 56 years of age) who was born after drinking alcohol on the ground that he/she was under dispute over the private village type E and his/her business issues, and expressed a knife to the knife that he/she was under the influence of knife the knife of the same year.

“Intimidating the victim, the victim was in possession of dangerous objects and threatened the surviving victim.”

Summary of Evidence

1. Partial statement of the witness F;

1. Legal statement of witness G;

1. Some statements made against the accused in the protocol of interrogation of the suspect against the prosecution (it is recognized that such statements have been made under particularly reliable circumstances in light of the time of preparation, contents of the statement, etc.);

1. Application of the police seizure protocol statutes;

1. Articles 284, 283 (2) and (1) of the Criminal Act, Articles 284, and 283 (2) and (1) of the said Act concerning the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the risk of the punishment of the instant crime is very high.

In the process of investigation, the circumstances after the crime are not good, such as taking or attempting to do self-harm to police officers.

However, the fact that the defendant is the primary offender and the mother of the victimized person requests the prior wife, and the defendant's age, sex, environment, etc. is determined as ordered in consideration of various sentencing conditions shown in the arguments in this case.

Parts of innocence

1. The summary of the facts charged is that the Defendant, around 05:00 on October 14, 2017, at the Seoul Special Metropolitan City, Nowon-gu 102 Dong-dong 303, and on the ground that there was a growing dispute over the issues of the related business type E and the private village type E, the Defendant expressed the victim F (L, 56 years old) who facing after drinking alcohol to “Woo, I, I, I, like that I, I, I will am with a knife” while putting the Defendant at the bar.

From the time of intimidation, from December 23, 2017, up to 05:00, the victim was threatened with dangerous objects at least nine times in total, such as the list of crimes in the attached Table.

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