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(영문) 울산지방법원 2019.02.13 2018고단3142
특수협박등
Text

A defendant shall be punished by imprisonment for four 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

1. Around 22:00 on June 15, 2018, the Defendant: (a) had a kitchen knife, which is a dangerous thing in the kitchen, and the victim C (the 53 years of age) had a kitchen knife in the house of the Defendant located in Ulsan-gu, Ulsan-gu; and (b) had a kitchen knife with the victim and the Defendant, and had the victim and the Defendant knife with the kitchen knife; and (c) threatened the victim by sticking the kitchen knife with the wall.

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

2. After sticking a knife on the wall at the time and place specified in Paragraph 1 as above, the Defendant: (a) laid the knife on the wall; (b) laid the knife of the victim C; (c) walked the part of the victim’s chest; and (d) taken the knife with the victim’s head and knife with the victim’s hand.

As a result, the defendant was suffering from a scarcity of the scarcity that needs to be treated for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C (including the cross-examination part of the defendant);

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 3, 8, 12, 13, 16, 18 of the evidence list);

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

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 (General Consideration in favor of the reasons for the suspended sentence);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Sentencing criteria;

(a) Class 1 (Special Intimidation) / [Scope of Recommendation] 4 (Cumulative Intimidation and Special Intimidation) / Basic Area (4 months to 1 year and 6 months) / [no special person] ;

(b) Type 1 (General Bodily Injury), the basic area ( April-1 and June) (special person) of the second crime (the scope of a recommendation sentence) (the scope of a recommendation sentence) is nonexistent;

(c) The scope of final sentence due to the aggravation of multiple offenses: April to February, 200;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은...

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