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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2329

특수협박등

Text

A defendant shall be punished by imprisonment for six 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

1. A special intimidation: (a) on May 13, 2018, the Defendant: (b) was under the influence of alcohol at the Defendant’s residence located in Bupyeong-si B, Seocheon-si around 01:25, the Defendant threatened the victim D, a general secretary of the Gocheon-si, who was under the influence of alcohol, with his/her custody of a dangerous object (20cm in total length and 10cm in length in blade) that was under the custody of the Malaysia.

2. The Defendant: (a) was arrested of a flagrant offender for committing the crime set forth in paragraph (1) within the police box of the squad located at No. 388, 38, Dong-dong, dong-dong-dong-dong-dong on May 13, 2018; (b) while the Defendant was under investigation on the victim E, he/she shall take 11,000 won in cash within the wall that the victim E sets away on his/her table.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each E's written statements (Simplified common);

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

1. Scenes and excessive photographs;

1. Capturing CCTV A thief by a police box;

1. Application of Acts and subordinate statutes as a result of investigation (to listen to the F phone statement of a wooden studio);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act, Article 329 of the Criminal Act, and imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the circumstances favorable to the Defendant (the Defendant appears to reflect the Defendant’s recognition of the instant crime; (b) the victim D does not want the Defendant’s punishment; and (c) the victim E returned damaged articles); (d) the circumstances unfavorable to the Defendant (the Defendant’s excessive act of causing danger to the Defendant under the influence of alcohol; and (b) the Defendant was unable to avoid disturbance at the announced source where many people reside together due to alcohol addiction even though the Defendant clearly knew that there was symptoms of alcohol addiction before the instant crime; and (c) the Defendant had an interview.