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(영문) 인천지방법원 2020.05.22 2019고정2295

특수협박

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 6, 2019, at around 18:10, the Defendant threatened the victim C (the aged 41) who is in charge of the representative of the Dong Council, which was in dispute over the management of the first floor of the Michuhol-gu Incheon apartment, with himself/herself and the apartment management expenses, with a view to changing the password of the joint entrance of the apartment at the end of February 2019 and threatening him/her with a danger of danger (the total length of 21cm, the blade 11cm) on the ground that he/she did not inform himself/herself of the password, and thereby threatening him/her of it."

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the respective laws and regulations of C and D

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. A normal defendant, who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, possesses a knife in advance and finds the victim at the representative meeting, and threatens the victim to knife, which is highly likely to commit a crime, and is highly likely to commit a crime.

Defendant was suspected by the victim

It is difficult to find out circumstances that endeavored to receive a letter.

A favorable normal defendant shows an attitude to recognize and reflect a crime in this court.

A defendant shall have no criminal records except that he/she was punished by a fine not exceeding 50,00 won for an injury in 1974.