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(영문) 인천지방법원 2016.03.24 2015고단8259
협박
Text

A defendant shall be punished by imprisonment for six 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

On the ground that the Defendant reported the Defendant who d(n, 63 years of age), etc. residing in the Nam-gu Incheon Metropolitan City C Housing B06, was drinking in the past in the vicinity of the foregoing house, and it was not good between the residents of the above house.

around 09:00 on October 14, 2015, the Defendant: (a) around 09:00, to the victim D, who resides therein, whether the Defendant was a crime committed in accordance with the opening report; (b) whether the victim D was “a person who has filed the instant report in accordance with the terms and conditions; and

The death will be discarded.

The term “intimidating the victims,” and as indicated in the list of crimes in the attached Table, intimidationed the victims 15 times from September 2015 to October 19 of the same year, as in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, F, D, G, H, I, J, K, L, M, N,O, and P;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The reason for the sentencing of Article 62-2 of the Criminal Act for the observation of protection [the scope of recommendation] / the reason for the sentencing of Article 62-2 of the Criminal Act / [the scope of recommendation / [the general intimidation] / [4 months to one year and six months] / In the case where the target is an unspecified or large number of victims, or repeatedly commits a crime for a considerable period of time [the final sentencing scope due to the aggravation of multiple offenses] / April to two years [the final sentencing scope due to the aggravation of multiple offenses] / The following circumstances and other conditions of all the sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, conditions before and after the instant crime, etc., shall be comprehensively determined

- A favorable circumstances: there was no history of punishment exceeding a fine imposed on the Defendant, and there was symptoms such as depression and depression disorder for the aged - the Defendant was unable to have avoided a disturbance for a long time due to the Defendant’s abusive behavior against neighbors over several times.

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