beta
(영문) 의정부지방법원 고양지원 2018.11.08 2018고단1805

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 8, 2016, the Defendant was sentenced to six months of imprisonment for a crime of intimidation on existence at the Goyang Branch of the Jung-gu District Court, and completed the execution of the sentence on August 13, 2017.

[2] On June 30, 2018, the Defendant listened to the phrase “C” restaurant located in Pariju City B, on June 30, 2018, that the Defendant would not take a bath from the injured party while drinking the victim D(34 tax) and alcohol, and I would like to see the victim’s head debt, flading the injured party’s head, flading the injured party’s disease, blading the injured party’s head, flading him/her, and flading him/her with the victim’s head, flading him/her.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same kind of force) statute;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for one month to fourteen years;

2. Reduction factors of types 4 (Special Cumulative Intimidation) (Special Sentencing) and reduction factors of punishment in accordance with the sentencing guidelines: Imprisonment with prison labor for two months to one year for the same repeated crime (the scope of recommendation).

3. Determination of sentence: The defendant, in six months of imprisonment, was sentenced to imprisonment with prison labor for a crime related to the use of force, such as a special crime of intimidation or intimidation on existence, and in particular, on April 8, 2016, was sentenced to six months of imprisonment with prison labor for a crime related to the use of force, and committed the instant crime without being committed among persons even during the period of repeated offense upon completion of the execution of the sentence on August 13, 2017.

The nature of crime is very poor in the light of the method of crime, such as the freezing of fester's disease, which is a dangerous object, in the item of damage.

However, it is favorable to the defendant that the defendant recognized the crime of this case, and that the injured person again wants to take the action against the defendant by agreement with the victim, etc.