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(영문) 창원지방법원 거창지원 2018.07.13 2018고단46
특수협박등
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 August 12, 2006, the Defendant is married with D(7) and E(6) of the Victim D(7) and the Victim E(6).

1. On October 28, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Child Violence (Habitual Violence) committed assault against victims at least five times in total, as shown in the list of crimes, from around October 28, 2015 to March 2, 2017, on the following grounds: (a) in the Defendant’s dwelling inside the Defendant’s dwelling located in the Gyeongnam Development-gun F, the Victim D was unable to leave the Defendant’s dwelling in a large volume; and (b) in the phone carrying the phone carrying in the country, on the ground that the Victim D did not do so; and (c) when the victim’s left eye was taken one time, the Defendant committed assault against the victims at least five times in total.

Accordingly, the defendant habitually assaulted victims who are children.

2. Special intimidation Defendant 14:00 on February 2016, at the location of the Defendant’s residence located in Gyeongnam-gun G, Gyeongnam-gun, Gyeongnam-gun, and the victim D was the victim D who returned home under the influence of alcohol.

’라고 말한다는 이유로 화가 나 ‘ 씹할 새끼가 ’라고 욕설을 하면서 그 곳 부엌에 있던 위험한 물건인 부엌칼( 총 길이 31cm , 칼날 길이 19cm ) 을 피해자에게 들이대며 ‘ 확 죽이 삔다, 모가지를 잘라 삔다 ’라고 말하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Each stenographic record of D, E, and I;

1. Copy of resident registration;

1. A physical fitness and emergency treatment report on a field survey by children;

1. A domestic violence risk investigation report and a family environment investigation report;

1. Application of Acts and subordinate statutes to report internal investigation (the victim's upper half photo), each investigation report (the photographic of the scene of the crime, the photograph of the instrument of the crime, and the report on confirmation of whether the crime was committed);

1. Article 284 of the Criminal Act applicable to the crime, Articles 283(1) (a) of the Criminal Act, Article 6 and Article 2 Subparag. 4(a) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, Article 260(1) (a) of the Criminal Act, and Article 260(1) of the Criminal Act, each of them shall be punished by imprisonment with labor.

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