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(영문) 수원지방법원 평택지원 2019.01.03 2018고단1897
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around July 19, 2018, at around 19:30 on July 19, 2018, the Defendant: (a) shown the documents necessary for divorce to the victim D, who was the Defendant’s wife; and (b) asked the victim D, who was the Defendant’s wife, to prepare such documents; (c) went beyond the victim’s head debt back by hand on the ground that the victim was unable to prepare the documents properly.

On the other hand, the Defendant continuously brought a kitchen knife (total length: 32 cm and length: 20 cm) which is a dangerous thing that has been displayed at a kitchen knife at a living room, and brought the kitchen knife (total length: 32 cm and length: 20 cm) into the victim’s right side, and put it into the victim’s hand, and called “picker.”

In this respect, the defendant carried a kitchen, which is a dangerous object, and threatened the victim.

2. On November 8, 2018, at around 22:25, the Defendant violated the Child Welfare Act (child abuse) showed that, at the residence of the Defendant located in Pyeongtaek-si Ba, the Defendant, having knee and kneeled the Defendant’s children E (the age of 5) who are his own children, knee and knee on the floor, kneing the kitchen knee (total length: 32 cm, day length: 20 cm) in both hand, and continuously said that the victimized child “the dead” is called as “the dead, E or am,” while continuing to be said to be “the dead.

Accordingly, the defendant committed emotional abuse that could harm the health and welfare of the victimized child or impede the normal development of the victimized child.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes to each investigation report, kitchen and kitchen photographs, field photographs, photographs, re-proof photographs, and photographs of victims;

1. Relevant Article 284 and Article 283 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 71 (1) 2 of the Child Welfare Act and subparagraph 5 of Article 17 of the same Act concerning the selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The circumstances below the reasons for sentencing in Article 62-2 of the Criminal Act and the age, occupation, character and conduct, family relationship of the defendant.

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