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(영문) 광주지방법원 2017.02.09 2016고단5275
특수협박
Text

Defendant shall be punished by imprisonment with prison labor for four months, and 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

The defendant is currently in separate living as a victim C (math, 53 years old) and a married couple's family.

On September 17, 2016, the Defendant, at the Defendant’s house located in Gwangju-gu, Gwangju-gu, about 18:00, threatened the victim with a knife (17cm in the knife length) which was placed in the kitchen on the ground that the victim did not continue to grow, while having knife the victim with a deadly weapon (17cm in the kitchen) and with the victim as “the dead and dead.”

Accordingly, the defendant carried a knife with a deadly weapon and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor and the police accused;

1. Statement protocol by the police against C;

1. Application of Acts and subordinate statutes to investigation reports, such as site conditions, kitchen-car photographs, family relation certificates, and family environment surveys;

1. Articles 284 and 283 (1) of the Criminal Act relating to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommended sentences) of the suspended sentence (the occurrence of contingency in the course of marital fighting, and no previous ten years shall be punished) (the scope of recommended sentences) of the Act on the Suspension of Execution (the degree of intimidation is insignificant (4 months to one year), where the degree of intimidation is insignificant (the person who is subject to special mitigation) in the mitigated area (4 months to one year), and (4), and (5) of the Act on the Suspension of Execution (the decision of sentence) (the decision of sentence is made).

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