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(영문) 인천지방법원 2018.10.25 2018고단6378

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2018, at around 20:00, the Defendant prepared a loan certificate as a demand for the money borrowed from the victim D (63 years) on the front of the Michuhol-gu Incheon Metropolitan City 102 on the front of the road. On the other hand, the Defendant: (a) prepared a document of demand for the money borrowed from the victim D (63 years); (b) prepared a document of demand with the content certified as a dangerous thing under the influence of alcohol (100cm in length); and (c) cited each item to the victim and discarded “

“The threat was made.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on photographs;

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 under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of the recommended punishment according to the sentencing guidelines (a type of determination), violent crimes, intimidation, and type 4 (Habitual, repeated crimes and special intimidation) (the scope of the recommended punishment) (the scope of the recommended punishment), from June to June (the basic area).

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year, the crime of this case committed by the defendant was committed with each of the items that are dangerous things and thus, the nature of the crime is not good, and if considering the fact that the defendant did not reach an agreement with the victim, it is necessary to severely punish the defendant.

However, the defendant recognized the crime of this case and seriously reflects his mistake, and the defendant opened a restaurant at the victim's recommendation, but the sales of the restaurant is annoyed, annoyed, and the enemy in each month, prepared a loan certificate between the victim and the victim, and the victim was proved by the contents of the loan, there are some factors to be considered in the motive of the crime of this case contingently, and the defendant has no criminal history other than a fine one time before 20 years ago, and there is no other criminal history against the defendant's age, sex, environment.