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(영문) 서울남부지방법원 2018.11.02 2018고단4327
특수존속협박등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. On August 20, 2018, the Defendant: (a) around 16:20 on August 20, 2018, at the street in front of his/her residence located in Yangcheon-gu Seoul, the Defendant, under the influence of alcohol, brought stress on his/her father C (80) who is his/her father, and brought stress on his/her father due to a usual religious problem and a money problem; and (b) brought a kitchen (32 cm in total length, 12 cm in the blade) which is a dangerous object located in the kitchen of the above residence; and (c) brought about a kitchen (12 cm in the blade length).

Accordingly, the defendant carried dangerous objects and threatened the victim who is his lineal ascendant.

2. Special intimidation: (a) the Defendant, at the time, at the place specified in paragraph 1; (b) reported by the police that the Defendant engaged in the same conduct as those described in paragraph 1; and (c) reported to the police, the Defendant frighted into the kitchen D (22 taxes) with the above kitchen, which is a dangerous thing, and the above kitchen D (20cm in total length) with the kitchen, which is adjacent to it.

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

3. On August 21, 2018, the Defendant: (a) around 06:10 on August 21, 2018, the Defendant: (b) opened a door in front of the dwelling area specified in paragraph (1); (c) opened the door in front of the dwelling area; (d) opened the door in front of the dwelling area; and (e) opened the door in front of the said door on the ground that the password is not opened due to a change in the password, the Defendant was placed with a number of 140,000 won at the market price of the victim C, attached to the said door, on the ground that the password is not opened.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes concerning seized articles photographs and field photographs;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(2) (a) of the Criminal Act regarding criminal facts, and Articles 284 and 283(1) (a) of the Criminal Act regarding the choice of punishment (a point of intimidation on special existence).

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