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(영문) 서울남부지방법원 2019.01.08 2018고단5824
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 21:50 on September 19, 2018, the Defendant, at the Defendant’s house located in Guro-gu Seoul Metropolitan Government B apartment C, made a de facto marriage-related dispute D with a person related to de facto marriage-related money problem, and threatened D’s male and marriage victim F (27 years old) of E’s father and wife, who met it, “I will die” with the kitchen (17cm length, 27cm in total length) which is a dangerous thing in the kitchen, and had the kitchen (17cm in the blade, 27cm in the blade, 31.5cm in the total length) which is a dangerous thing in the kitchen, and threatened the victim “I will die.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to each protocol of seizure, each list of seizure and evidence;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The punishment shall be determined as ordered in consideration of the overall circumstances, such as the confession of the crime with the reason for sentencing under Article 48(1) of the Criminal Act, the fact that the victim wants the wife of the defendant by agreement with the victim, and there is no record of punishment exceeding the punishment or fine for the same crime;

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