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(영문) 대구지방법원 경주지원 2018.05.23 2017고단810
특수협박등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim C (V, 26 years of age) and the married couple.

On August 20, 2017, the Defendant: (a) around 23:01 on August 20, 201, at around 301, the Defendant’s residence of the Defendant, E 301, a residence of the Defendant, and (b) was forced to refuse to engage in sexual intercourse from the damaged.

B. The knife and the knife will be dead.

".............." with a knife, which is a deadly weapon in the kitchen, and the Defendant’s assault was threatened with the victim to escape.

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

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 to photographs of investigative reports (a knife and appendant photographs of dangerous articles), knife photographs, and parts of damage suffered by victims;

1. Articles 284 and 283 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In that the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has threatened the victim who was in a marital relationship with the victim by carrying the knife, the liability for the crime is not minor.

However, it is judged that all the facts of the crime of this case are visible and contradictory to the defendant, and the victim does not want punishment against the defendant by agreement with the victim, the body of the victim is adjacent to the body of the victim, the risk of recidivism is low by divorce with the victim, and the risk of recidivism is judged to be low. After divorce, the defendant raises his own child, the defendant is the first offender who has no criminal history, and the records of this case and the various sentencing factors in the trial of this case are considered to be determined as ordered by the order.

Rejection of Public Prosecution

1. On August 20, 201, the summary of the facts charged is that the Defendant, at around 23:01 on August 20, 201, e. 301, the Defendant, at around 301, was forced to refuse to engage in a sexual intercourse from the victim C, and walked on the part of the Defendant and walked on the part of the Defendant.

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