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(영문) 인천지방법원 2018.11.29 2018고단2897

특수협박

Text

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

At around 16:00 on June 19, 2017, the Defendant threatened the victim by taking a knife (23 cm in length), which is a dangerous object, to the face of the victim, on the ground that it is difficult for the victim D (37 cm) to perform the work to install the outdoor equipment on the Nam-gu Incheon Metropolitan City A Dong rooftop, Nam-gu, Incheon, and by taking advantage of the knife (23 cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report list of 112 cases;

1. Application of Acts and subordinate statutes on seizure records;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendation] No. 4 of the basic area (from April to June 1) (the person who is subject to special sentencing) [the decision of sentence] / six months of imprisonment with prison labor, and one year of suspended execution : The period of imprisonment with prison labor is knife knife, and one year of suspended execution : The victim’s fear was considerable. The victim’s fear was not taken place. There are several favorable criminal records of violence against the defendant. There are several times of violence: The defendant recognized and reflects the error. A contingent crime is committed. The health situation is not good, such as examining the brue and living conditions of the defendant after surgery by blood without sexual intercourse. The circumstances and other circumstances above, the defendant’s age, sex, family relationship, etc., and the suspension of execution of two orders, including the order of two orders.