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(영문) 인천지방법원 2018.10.23 2018고단7092

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a non-member of the village partnership B and the victim are the head of the administration office of the village partnership.

On August 8, 2018, the defendant found the "B Village Partnership Office in the Namdong-gu Incheon Metropolitan City, Seoul around 17:20 on August 8, 2018, and caused a dispute for the reason that the appraised amount related to the development of the village in B has been less than the appraised amount related to the development of the village.

At this time, the defendant shows that the knife knife (the whole 27cm, the length of 15cm) was set above the knife of the office's knife, and "D president has died in knife."

It is expected to be a dead and live-in house of people around.

The victim E (V, 50 years of age) was threatened with Sasikn knife, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of statutes, such as site photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment ] There is no person who is in charge of the basic area (4 months to 1 year and 6 months) (the person who is subject to special sentencing] (the decision of sentence / the person who is subject to special sentencing] / The sentence is a contingent crime under the influence of alcohol for 4 months in the suspension of execution and 1 year in the suspension of execution. However, while there was a complaint for the amount of redevelopment appraisal, the crime is deemed to have been committed in advance, carrying a lethal weapon, and made intimidation against the victim.

In light of the situation where redevelopment is in progress and the motive of the crime, the relationship with the victim, etc., the defendant is considered necessary to improve awareness of the crime and prevent recidivism, so the defendant is selected to be sentenced to imprisonment.

However, the punishment is determined as ordered in consideration of the fact that the defendant's mistake is recognized and reflected, only two minor fines are imposed, and there is no previous violence, and other various sentencing conditions, such as the defendant's age, sex, family relationship, financial status, etc., and the execution of the punishment is suspended.