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(영문) 제주지방법원 2018.09.03 2018고단544
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2017, the Defendant had a knife (15cm in length, about 30cm in length, about 15cm in knife), which is a dangerous object in the kitchen, at the same time, on the ground that the victim D (nife, 41 years of age) who is the spouse of the Defendant, had a knife, and the victim had a knife, and the victim had a knife, which is a dangerous object in the kitchen of the kitchen, while making a knife dispute, around 13:15, 201. On the other hand, the Defendant knife the knife part of the above knife in knife, facing the victim’s face, and knife the knife in which he wishes to kill while coming into the Republic of Korea.

“.....”

Accordingly, the defendant carried a dangerous knife and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act (the special matters to be observed shall be stated in counseling centers specializing in the treatment of domestic violence with the intention to receive counseling and medical treatment);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: Various conditions for sentencing specified in the argument of the instant case are considered. In particular, the following conditions are considered: The following conditions are against each other; the labor-management disorder is likely to require medical treatment; the circumstances unfavorable to the care of a young child are considered: The extent of domestic violence is serious, such as the Defendant’s knife and intimidation against the victimized person who is his spouse.

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