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(영문) 인천지방법원 부천지원 2019.09.11 2019고단1305
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 13, 2019, the Defendant: (a) fighting the body with the victim on the ground that the Defendant was the tree of the Defendant at the Defendant’s residence located in Bupyeong-si B and C, and the wife of the victim D (the age of 41); (b) putting the victim out of his body; (c) putting the victim out of his house; and (d) 30cm in length, which is a dangerous thing in the kitchen, (c) 13cm in length; (d) 23:50 on April 13, 2019; and (e) threatening-si E, Seocheon-si; and (e) threatened the victim with the above excessive restriction.

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. The police seizure record and the list of seizure;

1. Application of excessive photographic 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is a crime of intimidation by carrying excessive force, which is a dangerous thing that many defendants who have been punished for the same kind of crime, and the nature of the crime is very bad, the defendant recognizes and reflects his fault, the defendant has no record of imprisonment with prison labor, and the fact that the victim and the victim have reached an agreement smoothly shall be considered as favorable to the defendant. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances revealed after the crime, and the sentencing guidelines of the Sentencing Committee shall be comprehensively taken into account.

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