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(영문) 의정부지방법원 2018.05.02 2018고단832
특수존속협박
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 14, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Jung-gu District Court on September 16, 2015, and the Prosecutor’s appeal was dismissed on September 16, 2015, and was released from the prison of the Government as a ruling to revoke detention on September 20, 2015 during the period of appeal. The execution of the sentence was terminated upon the final judgment on September 24, 2015.

[Criminal facts] The Defendant is the victim J(76 tax).

While under the influence of alcohol, the Defendant, at around 17:40 on March 4, 2018, suffered money from the victim's house located in K apartment 106 at K K apartment 106 at the south of Gyeonggi-do on March 4, 2018, demanded the victim to return money, and the victim was refused, and as the victim was able to request the victim to return the money, the food blade (34 cm in total length and 20 cm in length) which is a dangerous thing in the kitchen, which was in the kitchen, was in the kitchen, was bread to the victim, and the victim was bread to "we must die the same neck." On the same day, at around 21:40 on the same day, the Defendant continued to 21:40 on the same day, the victim called "we should die the same spher," and the victim was sphered with the kitchen and the kitchen, without the victim's entrance in the way to sleep and throw it.

“The knife knife knife knife the knife.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Seizure records;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of repeated crimes), search output of integrated cases, and application of Acts and subordinate statutes to the status of individual confinement;

1. Relevant provisions of the Criminal Act and Articles 284, 283 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (not mental or physical weakness due to the main employment);

1. Regarding the assertion of the Defendant and the defense counsel under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.

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