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(영문) 인천지방법원 2019.07.25 2019고단2273
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 27, 2019, around 23:20 on March 27, 2019, the Defendant, at the second floor corridor in Bupyeong-gu Incheon Metropolitan City, had been living in the same floor D, for the reason that the victim E (the age of 26) was living in the same room as that of the Defendant’s residence in Bupyeong-gu, Incheon, opened the entrance door and was flicking with the victim, and was flickly in a fl

Since then, the Defendant, with the kitchen knife (28cc in total length, 17cc in knife length) which is a dangerous article in the Washington, entering the Defendant’s residence, made a telephone conversation with the Defendant’s hallway, and threatened the victim and the snow in the front of the D, with the eye “packer.” After the telephone conversation was finished, the Defendant threatened the victim and the snow in the front of the D.

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

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Records of seizure, list of seized articles, and photographs of seized articles;

1. Investigation report (to hear victim E-mail statements);

1. Application of the Acts and subordinate statutes to photographs by on-site photographs and closure of a suspect's crime;

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 62 (1) of the Criminal Act;

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

1. Extent of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] for violent crimes [the type 4] for repeated crimes, special intimidation [the elements of mitigation]: In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered (the scope of the recommended sentence and the recommended sentence] for mitigation area, two months to one year;

2. In light of the background of the instant crime and the patterns of the act, etc. that conflict with a neighbor while drinking the sentence, and that the kitchen knife contests with the neighbor, the liability for such crime is not less complicated;

However, even if it is based on the statement of the victim, it is urgent to close the door immediately after affixing the photo on a certain distance.

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