특수협박등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Special intimidation Defendant: (a) around June 28, 2018, in Seo-gu Incheon, the domicile of the victim B, Seo-gu, Incheon, the domicile of the victim B; and (b) the victim hedging the Defendant.
For the reason that he did not go to do so, he saw a knife that is a dangerous object in the main room of the victim's residence ( approximately 20cm in length of the knife, about 10cm in length), and saw the defendant's left hand, and thrown away the knife.
“.......”
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. On June 28, 2018, the Defendant refused to withdraw from the victim’s residence described in paragraph 1 for about 40 minutes from around 02:45 to around 03:25, but refused to withdraw from the victim on several occasions.
Accordingly, the defendant did not comply with the request to leave the victim's residence without justifiable reasons.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Notification of the department related to the reporting of the case 112 case of his/her self-injury photograph, knife photograph, and motion picture;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 319(2) and (1) (a) of the Criminal Act, and Article 319(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The scope of the sentencing under Article 62(1) of the Criminal Act is the minimum limit of the sentencing range under the sentencing criteria for the above special intimidation for which the sentencing criteria are set, in the case where: (a) the area of mitigation (4 months to 1 year), the area of mitigation (including a person who has been specially mitigated), the area of punishment not for punishment (including a serious effort to recover damage) or considerable damage is restored [the standards for handling multiple crimes] the above special intimidation and the crime of refusing to withdraw in a concurrent relationship under the former part of Article 37 of the Criminal Act are not set.
[Determination of sentence] The crime is not good because the victim has threatened the victim in a knife, which is a dangerous object.