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(영문) 인천지방법원 2018.10.18 2018고단6418

특수협박

Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around November 28, 2017 and around November 28, 2017, repeated disputes with frequent traffic with the Defendant, caused the Defendant to be fluent with the Defendant on the ground that the Defendant was not fluoring the Defendant.

On August 29, 2018, at the “F store” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, around November 11:35, 2018, the Defendant discovered the victim who was seated and was in his/her place and then taken up the transition (the total length of 21cm, 10cm in length) which is a dangerous object in advance.

In the case of the victim, the victim's booms the part of the victim's booms once with the victim's hand after the victim's booms, and "the bruth of the brush, the brush of the brush, the brush of the brush, the victim's body, the victim's brush, and the victim's brush, and the victim's brut shall be discarded."

“In doing so, the victim threatened the victim as infinite, thereby threatening him/her as infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to the records and records of seizure;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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: The Defendant’s crime of this case, 9 months of imprisonment and 2 years of suspended sentence, cited excessive and threatened the victim, and the nature of the crime is not good. However, the Defendant, who recognized the instant crime, was well aware of the Defendant for a period of detention of up to 50 days, and reflects his mistake in depth, and the Defendant was physically and mentally deprived of the mental impulse that he received.