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(영문) 인천지방법원 부천지원 2016.04.28 2016고단317

특수협박

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

Around 02:00 on February 2, 2016, the Defendant, at the home of the Defendant No. 402, expressed a dispute over the payment of the premium between the Defendant and the Defendant’s house of Seocheon-gu, Seocheon-gu, Seocheon-gu, B lending, 402, and the Defendant, and then, he heard the statement to the effect that the Defendant was only the victim, and made a harmony with the victim, and made a harmony with the victim, such as “the dead,” and “the dead,” and “the dead,” of the kitchen, which are dangerous things in the kitchen at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Recording recording recording recording recording;

1. Application of Acts and subordinate statutes of subparagraph 1 of this Article;

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is that the defendant's favorable circumstances (a confession, serious reflective behavior, contingent crime in the state of his/her main action, the victim's penalty is not imposed), unfavorable circumstances (a state of his/her main action), or the victim's death by bringing about knife and knife his/her knife by interest in a dispute

In the event of intimidation, the nature of the crime was pleasure, the victim’s fear was revealed at the time, and the victim’s statement’s character and conduct is deemed to be a character and conduct of the victim’s statement and thus does not properly control and control the defendant’s behavior, there is a risk of recurrence of the same kind of crime against the victim who seems to still have been maintained in relation thereto). Other factors for sentencing specified in the instant case, including the defendant’s age, sexual behavior, living environment, and circumstances after the crime, shall be considered together