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(영문) 인천지방법원 부천지원 2017.08.18 2017고단284
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 10:41 on May 3, 2016, the Defendant threatened the victim by threateningcheon-gu C building, 17 Dong 101, and 17 Dong 101 with the victim D (the age of 33) who is the wife, “if divorced, she would she she she she she)” due to her speech her, she would have the horse her, her E (3 tax), her incidental F (6 months after her birth) laid on the floor of the living room, and her she would her she die and her she would she she she she she up on the floor.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. 사진 [ 피고인 및 변호인은, 피고인이 범죄사실 기재와 같이 과도를 가져와 아이들의 배에 댔다거나 아이들을 죽이고 감방에 가겠다고

Although it is alleged that there was no threat against the victim, considering the fact that the victim's statement was specific and consistent, and that the victim runs the front door immediately after the crime of this case, the victim's statement is credibility in the victim's statement.

Since the above assertion by the defendant and his defense counsel is rejected.

Application of Statutes

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Social Service Act / [In the event that the victim is unable to punish him/her (including a person who has been specially mitigated for a period from April to one year), or where considerable damage has been restored (including a serious effort to recover damage) in the mitigated area (a decision of sentence] or where considerable damage has been restored (a decision of sentence): The defendant threatened the victim with his/her knife and his/her knife; the fact that the crime of this case is not very good; and a normal situation in which the victim seems to have been suffered a considerable shock due to the crime of this case; the victim is deemed to have committed the crime of this case by failing to have been punished.

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