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(영문) 인천지방법원 2021.02.05 2020고단10052

특수협박

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On January 31, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for special injury, etc. at the Cheongju District Court Support, etc. on August 6, 2019, and the execution of the sentence was terminated at the Incheon District Court on August 6, 2019. On November 6, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of business by the Incheon District Court, and the judgment became final and conclusive on November 14, 2020.

[2] On June 12, 2020, the Defendant, on June 12, 2020, opened a string, near the Chungcheongnam-gun B, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant threatened the victims by stating that “The Defendant is a victim C (the male, the 73 years of age and the 74 years of age) and the victim D (the 74 years of age) with a dangerous object without any justifiable reason, and then opening a door to the victims by opening the string, and then died at the knife, the knife, the knife, the knife, the knife, the knife, and the knife, the knife, the knife, the knife of this two years of age, and the knife is a criminal prior to and 40 years of age, not the death.”

Accordingly, the defendant carried a dangerous article, and threatened victims.

Summary of Evidence

1. Protocols of seizure of police statements made by the defendant against C at the court discretion of the defendant and on the list of seizure;

1. Previous convictions in the judgment: Investigative report (verification of the history of repeated crime), 1 copy of the judgment of the Incheon District Court Branch of 2020 High Court, 557 High Court, 1 copy of the judgment of the Incheon District Court, 2020 No. 2786, and 1 copy of the judgment of the Incheon District Court, 2020 No. 2786, and

1. Relevant legal provisions concerning criminal facts: Articles 284 and 283 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Aggravation of repeated crimes subject to punishment by imprisonment: Article 35 of the Criminal Act;

1. Concurrent Handling of Crimes: After Article 37 of the Criminal Act, the punishment shall be determined as ordered in consideration of the reasons for sentencing of Article 39(1) and the following circumstances:

In extenuating circumstances: The defendant has a majority of the records of punishment as violent crimes, and the execution of imprisonment with prison labor sentenced to special bodily injury, etc. has been completed, and then recidivism during the repeated crime period is more favorable: The victim C does not want the punishment of the defendant.