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(영문) 수원지방법원 안산지원 2015.10.16 2015고단2429
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 09:30 on July 21, 2015, the Defendant threatened the victim by stating that the victim D (here, 37 years of age) who is his wife at the Defendant’s residence located in C104, she would drink a new drinking, and she would flick a knife (18cc in knife, 30cc in her total length) who was a deadly weapon in the kitchen, and thereby, she would throw the knife the knife on the victim’s chest and throw away the knife, like the dead person’s knife.”

Accordingly, the defendant threatened the victim by using a deadly weapon.

2. The Defendant causing special property damage, while leaving the victim's cell phone for the same reason as paragraph (1) at the same time and at a place as that of paragraph (1), destroyed the victim's cell phone owned by the unclaimed victim at the market price by leaving the victim's cell phone in a knife knife, which is a deadly weapon cited by the Defendant, with the victim's cell phone, and thereby damaging the victim's cell phone. As to paragraph (1) of the same Article, the victim threatened the victim by entering the victim's door as the victim's small bank, locked the victim's door, walking the door, walking the door, and destroying the victim's knife

Accordingly, the defendant damaged the property owned by the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant Articles 284 and 283(1) of the Criminal Act for the crime, Articles 369(1) and 366 of the Criminal Act for the crime, and the choice of imprisonment for the crime, respectively;

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. Comprehensively taking into account all the circumstances, including the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Criminal Act led to the confession of the crime of this case, the victim also expressed his/her intention not to punish the defendant in an investigative agency (in the face of 63 pages), the divorce lawsuit is underway between the defendant and the victim, and the defendant has no same criminal record.

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