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(영문) 인천지방법원 2018.09.13 2018고단4131

특수협박등

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 25) were people in de facto marital relationship.

1. Around February 19, 2018, at around 23:55, the Defendant: (a) expressed an attitude of disregarding the Defendant while having been in dispute as a matter of raising a satch, which is an apartment house D apartment 2307, 2501, 2501, from the home of the Defendant, and the victim’s house; and (b) threatened the victim by carrying a dangerous object, which is a dangerous object in the face of the Defendant, on the ground that the victimized person had expressed an attitude of disregarding the Defendant.

2. While the Defendant was in a dispute with the victim at the time and place set forth in paragraph 1, the Defendant: (a) took the victim’s head debt by hand; (b) took the victim’s face several times by drinking; and (c) divided the victim’s seat by putting the victim on the floor; and (d) placed the victim’s seat on the part of the victim on the part of the victim; and (b) placed the victim on the part of the victim at the s

3. The Defendant damaged the property by walking the victim, who was in his/her living room where the dispute occurred with the victim at the time and place specified in paragraph 1, and the market price of the Defendant’s joint ownership with a telegraphlight equivalent to 100,000 won.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. C’s statement;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime, or the choice of a sentence;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, 【The scope of recommendation according to the standards for handling multiple crimes】 [2 months - one year and seven months] basic crimes: the mitigation area [2 months - one year - ] mitigation area (two months - one year): the mitigation area [2 months - October 1] mitigation area (two months - 10 months]: the mitigation area of general bodily injury (type 1): the mitigation area [2 months - 3 months] mitigation area (type 1): the mitigation area [6 months] common mitigation area.