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(영문) 대구지방법원 상주지원 2018.06.14 2018고합1
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant: (a) moved the victim D (16 years old at the time of committing the crime) to a French river site located at the time of his/her stay at the time of his/her own vehicle in 2013 and stopped; (b) demanded the victim to stop his/her male movement within the vehicle; and (c) demanded the victim to stop his/her male movement, and the victim will travel with his/her male movement.

B. A. B. B. while having a dispute about the vehicle, a knife knife knife, which is a dangerous object in custody, is knife in the vehicle, and the knife it to the victim, and “if you do not do so, I would like to do so.”

The knife refers to "the knife knife knife knife on the floor of the vehicle," and "the knife knife knife knife knife knife knife knife.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Legal statement of the witness D;

1. Entry of the accused in part of the protocol of interrogation of the suspect in the second prosecution against the accused;

1. Application of the Acts and subordinate statutes governing respective police statements made to D, No. 1, 2, and 3 times;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the following grounds for sentencing)

1. The Defendant asserted that the victim’s knife knife and traveled to the victim, the victim said to the effect that “I will die and A,” or “I will die on his own.” However, there is no fact that “I would die,” and the victim did not think that I would harm the victim, and therefore, the victim did not threat the victim by notifying the victim of harm.

2. In order to establish a crime of intimidation of relevant legal principles, the content of harm and injury notified is generally deemed to have been comprehensively taken into account various circumstances before and after the act, including the offender’s tendency, surrounding circumstances at the time of notification, and the relationship between the offender and the other party, such as the degree of friendship and status.

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