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(영문) 울산지방법원 2018.04.04 2017고단4058
존속협박등
Text

A defendant shall be punished by imprisonment for six 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 July 31, 2017, around 09:20 on July 31, 2017, the Defendant went into the residence of the victim C (or 80 years of age) who is the mother of the Defendant, to demand money. However, the Defendant invaded upon the victim’s residence by entering the wall outside of the wall, which would not open the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guidelines are not set.

A favorable circumstances: The circumstances that make a statement that he/she is confession and in depth against the will that he/she has no record of crime after 2009 are found to threaten his/her mother's father's mother, and the motive and nature of the crime are considerable, such as intrusion upon the house beyond the fence that his/her mother's mother will not open, and the motive and nature of the crime are very poor, and the punishment shall be determined as per the disposition, by taking into account the aforementioned circumstances and various factors of sentencing, such as the defendant's age, sex behavior, environment

Rejection of Public Prosecution

1. The summary of the facts charged in the instant case is as follows:

On July 31, 2017, the Defendant: (a) around 09:25 on July 31, 2017, to the victim C (the 80-year old) who is the mother of the Defendant, “I do not do so.”

I wish to issue the end of this chapter.

While talking to the purport that “A person was committing suicide, he/she seems to have committed suicide by drinking with beer and beer in beer and beer.”

Accordingly, the defendant threatened his lineal ascendant victim.

2. The above facts charged cannot be prosecuted against the clearly expressed will of the victim under Article 283(2) and (1) of the Criminal Act, as a crime falling under Article 283(2) and (3) of the Criminal Act.

In this regard, the above victim was the defendant on February 14, 2018 (after the conclusion of the pleadings) after the prosecution.

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