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(영문) 대전지방법원 홍성지원 2018.08.21 2018고단479
특수존속협박등
Text

A defendant shall be punished by imprisonment for one year.

However, 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, the father of the Defendant, paid off the Defendant with the Victim D (81) who is the father of the Defendant, and paid the Defendant a debt on behalf of the Plaintiff, and raised the Defendant’s complaint about the marriage report, and raised the Victim’s house, which is accompanied by the Tracter, with the Defendant’s house frightened.

On June 19, 2018, the Defendant: (a) around 02:45 on June 19, 2018, at the victim’s home located in Chungcheongnam-gun Hong-gun E, and (b) above Fran as dangerous objects.

M9540 Twitter (95 M) caused the wall of the victim by several times, and the roof was attached in front of the Tracter so that the market value of the house owned by the victim can come up with the unrepair cost, and caused the victim to fall up with the bend with the bend part of the Tracter.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. On-site photographs and victim scene photographs at the time of dispatch;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Articles 284, 283 (2) (a point of intimidation on special existence) of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] / [Special Mitigation (6 months to 2 years) in the aggravated area (special mitigation (special mitigation) / The victim who is still in existence, victim who is vulnerable to the crime (determination of sentence] below the defendant's age, sexual behavior, environment, circumstances before and after the crime of this case, and circumstances before and after the crime of this case, etc., all the conditions of sentencing indicated in the records shall be determined as ordered.

D. Unfavorable circumstances: The defendant committed the crime of this case even though he recognizes that the elderly's father may cause serious personal injury, and the intention, object, and foreseeable results of the crime of this case.

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