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(영문) 인천지방법원 2019.05.09 2018고단6638

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case.

Reasons

On October 2, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and eight months at the Incheon District Court for a crime, such as computer fraud, etc., and completed the execution of the sentence on October 13, 2016. On December 13, 2018, the Incheon District Court sentenced the Defendant to imprisonment with prison labor for a crime of violating the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, and the said judgment became final and conclusive on January 8, 2019.

【Criminal Facts】

At around 04:30 on February 19, 2018, the Defendant: (a) at the Cnobya 3 room located in Pyeongtaek-si B, the following: (b) at the end of the trial, the Defendant: (c) threatened the victim D (38 years of age) and the end of the trial with a daily entertainment entertainment receptionist; (d) sealed the shoulderer, which is a dangerous object, toward the victim’s timber; and (e) threatened the victim with the fluence, “I would like to contain the storm, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, and fluor, and (e) threatened the victim.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E and recording of each statement in the second protocol of the trial;

1. The recording of statements by witnesses F in the third protocol of trial;

1. The police statement concerning F;

1. Written statements prepared D and F;

1. On-site photographs;

1. Previous records: Application of criminal records, etc. results of inquiries, each investigation report (verification of period, etc. of repeated crime and attachment of judgment), previous records of disposition, results of confirmation, and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Although the Defendant had been committed several times of violence under the latter part of Articles 37 and 39(1) of the Criminal Act to treat concurrent crimes, the Defendant committed the instant crime of intimidation against the victim without being able to do so during the period of repeated crimes.

Notwithstanding the evident evidence, the defendant is consistent with the defense that is difficult to obtain, and commits the crime.