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(영문) 광주지방법원 2017.07.19 2017고단339
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

On October 30, 2016, at around 05:00, the Defendant collected a knife with C in a de facto marital relationship with the Defendant’s house located in Gwangju-si B building 301, and threatened C with the knife and knife C’s head debt of the victim D(5 tax) by other hand, and knife C’s knife the knife to the victim.

Accordingly, the defendant threatened the victim with a knife, which is a dangerous thing, and at the same time, abused emotional abuse that harms the mental health and development of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 71(1)2, and Article 17 subparag. 5 (a) of the Child Welfare Act (a point of emotional abuse of a child) of the same Act, the choice of punishment for an offense, and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account):

1. The Defendant’s emotionally abused the victim, who is a young child, by threatening him/her in a knife and threatening him/her to a knife for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, must be punished by a

However, the fact that the defendant is a primary offender and is against his own mistake in depth, the defendant is in a de facto marital relationship with the mother of the victim, and is living together with the victim, and the mother of the victim is pregnant, and the crime of this case has been committed with the mother of the victim and contingently while the defendant has been in a dispute with the mother of the victim.

It appears that the mother of the victim does not want the punishment of the defendant, and the victim maintains a smooth family relationship such as transfer with the defendant after the case, the defendant immediately reports the marriage with the mother of the victim, plans to conduct adoption procedures with the victim, and plans to support the mother of the victim and the mother of the victim.

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