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(영문) 서울서부지방법원 2020.05.21 2020고합83
특수존속협박등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

Defendant

A candidate for medical treatment and custody (hereinafter referred to as the "defendant") is a victim B (70 years of age).

On November 1, 2019, at around 09:50 on November 1, 2019, the Defendant: (a) opened a kitchen in Eunpyeong-gu Seoul, the victim under the influence of alcohol, saying, “I see, this son, which is why you would have caused the death of the son; and (b) has to go so why you would have caused the death of the son; and (c) has a kitchen knife (the total length of 29.5 cm, the knife length of 16 cm, and No. 1) which is a dangerous object being kept in the west under the influence of the west, and again has a kitchen knife the knife, let the knife, let the knife, let the knife, and then have the kn

The victim threatened the victim by stating that the vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses B in the second protocol of the trial;

1. Each prosecutor and police interrogation protocol of the accused;

1. The police statement concerning B;

1. B written statements;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report, processing lists, recording records and reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284, 283 (2) and (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Comprehensively taking account of the evidence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 2-3 subparag. 2 and Article 44-2(1), (2), and the main sentence of Article 44-2(3) of the Medical Treatment and Custody Act, the written expert testimony of appraisal, and all the circumstances revealed in the trial of this case, the defendant is deemed to have a habiting or addicted to alcohol, who has committed an offense entailing imprisonment without prison labor or heavier punishment, and the defendant is deemed to have a need to receive medical treatment, and the defendant is not subject to medical treatment.

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