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(영문) 수원지방법원 2017.06.15 2017고단365
특수협박등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father and father of the victim C (nive, 13 years of age) and is living with his grandparents and raises the victim.

1. Special intimidation;

A. On November 2016, the Defendant did not provide the victim with education on his house in the Defendant’s residence located in Giung-gu, Young-gu, Young-si and the Defendant did not provide the victim with education on his/her house.

In addition, the knife brought about the knife while making a knife.

Accordingly, the victim has brought excessive (10 cm in length) which is a deadly weapon in the kitchen directly in order that the victim would not bring a knife the knife.

In doing so, the victim threatened the victim by stating the victim’s excessive volume four times in front of the victim, “If so, once in the future, the knife knife would be knifed.”

B. The Defendant, at the end of 23:00 on November 201, 2016, displayed four times excessive quantities before the victimized person on the ground that the victimized person did not properly work, and the Defendant is aware of the need to do so if he had to hear at the end of once again, in the future.

“Intimidating the victim”, the victim was threatened.

2. On December 15, 2016, the Defendant violated the Child Uniforms Act (child abuse) (hereinafter “child abuse”) refers to “wat kk k k k k k k k k k k k k k k k k k,” and the victim “h k h k h k k k k k k k k

“In doing so, the injured child’s body was damaged or physically abused the physical health and development of the injured child by 2 times at the left side of the injured child.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) of the Criminal Act (a special intimidation), Articles 71(1)2 and 17 subparag. 3 (a) of the Child Welfare Act (a crime of physical abuse against a child) of the same Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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