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(영문) 인천지방법원 2018.09.18 2018고단5134
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special assault on May 27, 2018, at around 04:00, the Defendant 102-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 1101, expressed her desire to the Defendant’s wife (the victim’s mother’s mother) before the victim D (the remaining, 15 years of age) who was his or her own child at around 04:0,00, 201. On the other hand, the Defendant was her hand at two times, who was the victim’s shouldered from diving.

Since then, the defendant brought about a knife ( approximately 30 cm in total length, approximately 20 cm in length) which is dangerous things in the kitchen, and brought about the victim with a knife, and "shot light" shall be discarded.

"............. the victim's knick with the floor of the hand and the drinking have been on several occasions.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Special intimidation: (a) on the ground that the victim E (n, 44 years old) who is the wife at the time, place, and place specified in paragraph (1) stated the above crime, the Defendant saw the victim as a knife and knife the knife, and saw the victim as “as soon as soon as possible before the death of the knife.”.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (to attach a knife, portable knife and knife photograph);

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 284, 283(1) (a) (a point of special intimidation) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Where he/she commits the crimes of Class 1 [Scope of Recommendation] and Class 6 (Habitual, Cumulative, Cumulative Offense, Special Violence) in the area of mitigation (4 months to one year and two months), [special mitigated persons] in the area of punishment not for punishment (including serious efforts to recover damage), or damage equivalent to a considerable part has been restored;

2. The second offence.

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