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(영문) 인천지방법원 2021.02.10 2020고단10463

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 24, 2020, the Defendant sent blades ( approximately 28 cm in total length, approximately 17 cm in length) to the victim D (29 cm) who is a neighboring resident at the front of the Incheon Gyeyang-gu B lending C, and a dispute arising from noise with the victim D (29 cm) which is a noise problem, and the Defendant sent blades ( approximately 28 cm in total length, approximately 17 cm in length) which are dangerous objects at the middle of fishing at the bit of the vehicle of the Defendant, and then throw off the victim.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records of police statements made against D, and application of Acts and subordinate statutes to report on the investigation of seizure list (a CCTV image analysis for crime prevention);

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 suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes [special sentencing factors] and special intimidation [person who is subject to special sentencing]: The area of mitigation of punishment [including the area of recommendation and the scope of the recommended punishment], the area of mitigation of punishment [including the serious efforts to recover damage], the area of mitigation of punishment [including the area of recommendation and the scope of the recommended punishment], February through one year;

2. Determination of sentence: (a) comprehensively taking account of the various sentencing conditions indicated in the instant case, such as the circumstances under which the sentence was rendered and the Defendant’s age, sex, family relationship, motive and attitude of the commission of the crime; and (b) the circumstances after the commission of the crime.

The circumstances at a disadvantage: The degree of offense is bad in light of the circumstances and attitudes of intimidation of the victimized person, as stated in its reasoning, and the circumstances favorable to the fact that the victimized person committed the instant crime even though he/she had a record of criminal punishment several times due to past violent crimes: The victim does not want the punishment of the accused.