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(영문) 인천지방법원 2019.01.24 2018고단8514

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the husband of a de facto marital relationship between the victim B (in women, 54 years of age).

On August 20, 2018, at around 02:30, the Defendant, at the residence of the victim of the Nam-gu Incheon Metropolitan City CBD, brought about a trial expenses as indicated below, and the Defendant, at the same time, brought about the victim’s stroke by strokeing the victim’s stroke, which requires approximately two weeks of treatment. On the other hand, the Defendant continued to use a knife ( approximately 30cm in total length, approximately 19cm in length in knife) that is dangerous for the kitchen with the kitchen at the same time. On the other hand, the Defendant strokeed the victim with the above knife with the knife at the inside of the victim, and strokeed the victim with the knife "the knife, the knife, the knife, the knife, and the knife."

Accordingly, the defendant injured the victim and threatened him with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. On-site photographs and food blades used by the suspect at the time of intimidation of victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture is the first crime [Scope of Recommendation] for the reason of sentencing under Article 62-2 of the Criminal Act, types 4 (Cumulative Intimidation and Special Intimidation) [Special Intimidation] for the mitigated area (2-1 year] [Scope of Recommendation] [1-10 months] for the special mitigation area (1-10 months), the special mitigation area (1-10 months), and 2-1-15 months from 2-15 months [3 months from 6 months from 6 months of imprisonment for the suspension of execution], and 1-years from 1 year and 1-years from 1 year from 2-15.