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(영문) 서울동부지방법원 2018.12.18 2018고정1187
특수협박
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is in a marital relationship with the victim C (V, 46 years of age) and is in a marital relationship, during the period of divorce conciliation.

around 14:05 on June 10, 2018, the Defendant threatened the victim, such as the knife (the total length of 27.5cm, 16.5cm) and the victim’s knife (the knife length of knife, 16.5cm) with the horses, “it is difficult to send the weekends together” from the victim of the living room in the Songpa-gu Seoul Metropolitan Government***** the victim’s knife and knife, etc.

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 Acts and subordinate statutes on report of occurrence (special intimidation);

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. A fine of 1.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing under Article 59(1) of the Criminal Act (normally favorable to the defendant) of the suspended sentence is without any history of criminal punishment against the defendant, and the victim expresses his/her intention not to punish several times, the circumstances of this case, the defendant raises his/her children, and the fact that the defendant had not committed any act identical to criminal facts before the instant case, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions as indicated in the instant trial.

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