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(영문) 서울서부지방법원 2016.05.27 2016고단939
특수존속협박등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant, at around 23:00 on March 20, 2016, made intimidation, at the house of the victim D (84) (the father), the mother of the Defendant, who is the father of the third floor of the Seodaemun-gu Seoul building C, and at the house of the victim E (79) (the mother) who is the mother of the Defendant, who is a dangerous object, “C” as the victim.

The death shall be discarded.

“The victims were threatened.”

2. A special assault Defendant, at the same place as around 00:05 on April 7, 2016, at around 00:05, (a) the victim F ( South, 47 years old) who is the birth of the Defendant, shall die.

A kitchen, which is a dangerous thing inside the house, used a kitchen knife (17.5cm in knife length) and used a kitchen for the victim's body, but the victim was avoided, and the victim was attempted to cover the victim's shoulder with the kitchen knife, and the father of the defendant committed assault against the victim, such as taking the kitchen knife from the victim who gets the defendant behind the defendant, taking the kitchen knife from the victim, taking the victim's face and head about 10 times by drinking and launching.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written statement;

1. Application of the provisions of Acts and subordinate statutes to kitchen photographs;

1. Articles 284, 283 (2) (a point of intimidation on special existence) of the Criminal Act and Articles 261 and 260 (1) (a point of special assault) of the Criminal Act concerning a crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation on Each Special Line of Staff).

3. Selection of each sentence of imprisonment;

4. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes concerning intimidation heavier than punishment).

5. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., conditions favorable to the following reasons for sentencing):

6. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

7. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. The sentencing guidelines shall be recommended:

A. Group 1 Crimes [Scope of Recommendation] Crimes No. 4 (Habitual Offense, Cumulative Offense, Special Intimidation) in the basic sphere (six months to one year and six months) [Special Mitigation (Aggravated Aggravation)] Punishment Non-members (a person to recover damage).

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