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(영문) 대전지방법원 2019.07.25 2019고단1327
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the defendant has been divorced on September 2017 from the victim B (n, 54 years of age) and September 2017, the defendant is still living together with the problem such as raising of children.

1. A special intimidation: (a) around March 20, 2019, the Defendant: (b) expressed two knife lines (33 cm in total length, 20 cm in length; 20 cm in length) as a dangerous thing while engaging in a dispute with the victim due to the issue that the consciousness of the Defendant would disregard the Defendant at ordinary times; (c) around March 20, 2019, the Defendant, who is a residential place, was threatened with the victim; and (d) threatened the victim with the voice of “be dead.”

2. The injured Defendant, at the time and place specified in the above paragraph 1, saw the victim’s face and hair in several times by hand, went beyond the victim’s face and hair, and followed several times by taking several parts of the victim’s body, thereby taking approximately two weeks of treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report, each photograph, each photograph, the investigation report (explosion of the scene of the case), the records of seizure, the list of seizure, the report of investigation, and the written diagnosis;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

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 reason for sentencing under Article 62-2 of the Criminal Act is not good in light of the content and form of the crime of this case, and thus, the criminal liability is also grave, and the victim still seems to suffer mental suffering even after the instant case, and the defendant appears to reflect the overall circumstances unfavorable to the defendant and the defendant, such as the fact that the defendant has no record of criminal punishment heavier than that of the same kind or fine, the circumstances favorable to the defendant, such as the defendant's age, character and behavior, and circumstances after the crime, etc.

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