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(영문) 인천지방법원 2019.01.09 2018고단8039

특수협박

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2018, at around 22:30, the Defendant collected the victim’s kitchen, which is a dangerous thing that is located in the kitchen (the age of 45) from the Defendant’s residence in Seo-gu Incheon B apartmentOOOOOO, Seo-gu, Incheon, and made a threat, such as “I will die”, while putting the victim at the victim’s house, while raising the victim’s kitchen (the total length of 33cm and 21cm in length).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on investigation, records of seizure, lists of seizure and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is a case in which the defendant threatened the victim who is his spouse in the kitchen knife, and the liability for the crime was not minor, and there was a history of punishment as violent crime. Meanwhile, the defendant reflects the crime of this case, and the victim divorced from the defendant after this case wanted to take the preference against the defendant, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, and circumstances after the crime, etc. shall be determined the same sentence as the order.