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(영문) 대전지방법원 홍성지원 2017.10.25 2017고단653
특수존속협박
Text

A defendant shall be punished by imprisonment for six 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 June 13, 2015, at around 14:00 on June 13, 2015, the Defendant heard the phrase “to clean use of toilets” from his father D, and said, at the Defendant’s residence located in Chungcheongnam-gun, the Defendant said, “Wooh”, “Wooh, a dangerous object in which he was in a kitchen, 2 kitchen-kn: the total length of 32 cm, 17 cm, a small knife: a total length of 30 cm, 17 cm: a total length of 30 cm, and a knife length of 17 cm). The Defendant said, “Wooh”, “Wooh,” who was being in a room, brought about the part of the damaged, on the part of the damaged.

After all, the defendant carried dangerous things and threatened a lineal victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D (Statement No. 26 of Evidence);

1. Application of Acts and subordinate statutes concerning internal investigation reports (Evidence 15 Nos. 15), 112 Report Processing of Reports, Investigation Reports (Evidence List No. 27), On-site reproduction, and photographs of crime tools;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the sentence shall be determined as ordered.

The fact that the defendant was committed in this case, the father of the victim does not want the punishment of the defendant, and the first offender is the defendant, and the defendant threatened his father with the kitchen knife, and the crime is very poor in light of the method of the crime and the risk of the crime.

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