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(영문) 인천지방법원 2016.08.12 2016고단3888

특수협박

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On February 27, 2015, the Defendant was sentenced to eight months of imprisonment by the Incheon District Court due to interference with business affairs, etc., and completed the execution of the sentence in the Daejeon Prison on May 14, 2016.

On June 18, 2016, at around 23:40, the Defendant, at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, C lending 1:103, the Victim D (17 years of age) was late late at the home, and in the process, the Victim reported the situation in which the Victim closed and entered the house while disregarding his/her horse, and the Victim reported the situation in which the Victim’s entrance into the house, which is a dangerous article in the kitchen, she taken off the kitchen (the total length of 30cm, the number of 16.5cm length per day) and took several visits of the Victim closed in the knife. “C.”

The phrase “Isle .....” was called “Isle...”

Accordingly, the defendant threatened the victim by carrying a kitchen, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification after the execution of punishment is completed - Determination as to whether a repeated crime is committed);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the grounds for sentencing] under Article 48(1)1 of the Confiscation Criminal Act, the basic area (from June to January 1, and June) (no person who is subject to special sentencing] [the decision of sentencing] / The fact that the defendant is against the defendant for six months and is recognized as committing a crime, etc., considered the circumstances favorable to the defendant in favor of the defendant.

However, in light of the fact that the defendant has already been sentenced to criminal punishment over several times, and that the defendant repeats the crime despite the period of repeated crime due to the previous conviction in the judgment, it is reasonable to sentence the criminal to the defendant.

Therefore, the above punishment shall be determined.