logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.11.21 2019고단3101
특수협박등
Text

A defendant shall be punished by imprisonment for not less than five months.

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 is between the victim B (n, 48 years of age) and the married couple.

1. Around July 22, 2019, at around 05:55 on July 22, 2019, the Defendant: (a) under the influence of alcohol from the victim’s house located in Seodaemun-gu Seoul Seodaemun apartment D, the Defendant used a knife (35cm in total length, 20cm in knife length) that is a dangerous object in the main room of the victim; and (b) threatened the victim with a fnife and the sof in the cell that would inflict harm on the victim.

2. Damage to property;

A. On July 22, 2019, the Defendant, at the time and place specified in the foregoing Paragraph 1, destroyed a knife sof by a knife, thereby damaging the knife of KRW 500,000 at the market price owned by the victim.

B. On August 14, 2019, the Defendant, at around 05:30 on August 14, 2019, b05: (a) under the influence of alcohol at the places specified in paragraph (1) above, she saw the victim as “Crop year”; and (b) laid down a string of the market price of 50,000 won owned by the victim in the living room, she was tightly lided of the victim’s own material at the market price of KRW 20,000,000,000 in the living room’s market price on the part of the customer, and damaged the rupture of glass material at the expense of KRW 80,00,000 in the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A damaged photograph;

1. Application of the Investigation Report (No. 10) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 284 and 283(1) of the Criminal Act that choose a penalty, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. On the other hand, the fact that there is no record of punishment for sentencing under Article 62-2 of the Criminal Act, confessions and reflects the fact that domestic violence against the victim appears to have been continuously and repeatedly committed, and the defendant's age and experience are other than the defendant's age.

arrow