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(영문) 수원지방법원 2016.06.23 2016고단2347
특수협박
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From around 2009, the Defendant reported the marriage to the victim C (n, 46 years of age) and de facto marriage. However, on April 2016, the Defendant filed an application for divorce on agreement with the victim and went separately from the victim. On May 1, 2016, the Defendant expressed to the effect that the victim would continue to live together with the victim at the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, which was located in D. However, the victim refused it, and the victim rejected it, and then made the kitchen knife (the total length of 32 cm, the knife length of 20 cm), which is a dangerous object in the Troke C.

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 respective existing Acts and subordinate statutes of subparagraphs 1 through 3 of this Article;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act for forfeiture;

1. When the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act threatens the kitchen knife, which is a dangerous thing, the defendant is living separately, it shall not be strictly punished in light of such danger.

On the other hand, there is a question that the defendant is able to recognize and witness the facts of crime and to observe the family.

At the investigation stage, the victim submitted a written application that he/she does not want to be punished if he/she prevents him/her from living with children.

The defendant's behavior is likely to cause recurrence, but it is also recognized that the defendant's behavior is likely to cause a recurrence, but it is also necessary to reflect the wife's advanced coal sources and young children's future, and that it is necessary to establish a normal family with the support of law at its own expense.

The above circumstances and other circumstances.

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