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(영문) 인천지방법원 부천지원 2020.06.09 2019고단4589
특수협박
Text

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

except that 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

On September 26, 2019, the Defendant, at around 16:30 on September 26, 2019, sounded that the victim D (the age of 57) was fit for the Defendant who frighted to drink and fright, and reported the Defendant to 112. However, the Defendant frighted large net value (the length) which is a dangerous object to the f0cms of the above office, and called “I will die as to why you reported. I will die.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of ctv image photographs and piracy 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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a situation unfavorable to the defendant, in which the defendant committed the crime of this case on July 29, 2019, even though he had threatened the same victim with a knife, which is a dangerous object, by carrying with him a large knife and dangerous object in reporting 112 of the victim.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant led to the crime of this case, there is no criminal punishment exceeding the fine of the defendant, and the fact that it appears that the defendant did not directly display his large net value to the victim, etc., the punishment shall be determined as per the order by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.

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