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(영문) 수원지방법원 평택지원 2017.07.06 2017고단363
특수존속협박
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On November 21, 2016, the Defendant, at around 22:00, 22:00, brought a deadly weapon (22.5cm in total length, 11.5cm in knife) in a kitchen located in the house of the victim C (57), the father of the Defendant, who is the father of the Defendant, who is the father of Pyeongtaek-si B building B, without any reason, into his hand, and throw away the Defendant’s death.

“Along with sound, the victim threatened the victim, as the victim’s life and body would be prejudicial to.”

Accordingly, the defendant threatened the victim who is in existence with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing excessive photographs used by the person under consideration;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (2) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of intimidation against the father of the reason for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection and community service and the order to attend lectures, is very bad.

The defendant was under suspension of execution due to violent crimes carrying dangerous objects.

A severe punishment is required, but the sentence shall be determined in the same manner as the order, considering the circumstances such as the fact that the defendant is divided into the crime, contingent crime, and the victim does not want the punishment of the defendant.

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