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(영문) 인천지방법원 2018.03.15 2018고단982

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 10, 2018, the special intimidation Defendant: (a) around 08:30, at the residence of the victim C (V, 37 years of age) who is the South-west B 1 Dong 201, Seo-gu, Incheon, Seo-gu, Incheon, gave a loan to the Defendant in the name of the Defendant on or around December 2016, the victim did not take any form of the loan despite the Defendant’s loan; (b) he saw a knife (m: about 30cm in length) which is a dangerous object in the kitchen at that place; and (c) raised a threat, such as raising the victim “the dead” as the victim.

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

2. The Defendant, at the time and place specified in paragraph 1, took the victim’s face, head, etc. on the ground as above, and took the victim’s walk (m) at around 09:40 on the same day, which is a dangerous thing in the kitchen at around 09:40 on the same day, and puts the victim’s finger hand on the part of the victim who prevented him from taking the victim’s head, and puts the victim’s finger hand on the part of the number of treatment days, with approximately 23 meters of the upper part of the treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of Chapter XI Acts and subordinate statutes to scene of crime, photographs of victims, etc.;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing, etc. shall be taken into account) of the mitigated amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing, etc.) is against the defendant, and there are two criminal records of the same kind and two criminal records of the crime, but there are no criminal records of the suspension of execution or more, there are circumstances to consider the motive and circumstance of the crime, and the victim did not have any punishment against the defendant.