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(영문) 부산지방법원 2019.06.25 2019고단1535
특수협박
Text

A defendant shall be punished by imprisonment for one year.

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 was married with the victim B in around four years after the marriage in around 1995, and the victim C and D are married with the defendant's wife, and the defendant was living in Busan Jin-gu E from December 2017 to the victims.

At around 12:30 on February 3, 2019, the Defendant: (a) threatened the victim B with the victim C and D, which was a dangerous and dangerous object, with the victim B, and (b) had the kitchen knick (the total length, 35 cm, 22 cm) which was a dangerous object in the kitchen, and had the kitchen gate (the total length, 35 cm and 22 cm in length) and had the knicked the victim B and threatened the victim B.

In addition, the Defendant threatened the victim C with a knife and knife with a knife with a knife with a knife with a knife with the victim C.

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against B, C, and D;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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. In full view of the fact that the victims of reasons for sentencing under Article 62-2 of the Probation Criminal Act want to have the Defendant’s wife, there is no record of criminal punishment exceeding the fine, and reflects their mistakes, the motive and circumstances of the crime, and the degree of damage, etc., the decision is rendered as above.

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