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(영문) 인천지방법원 2019.11.29 2019고단6782
특수협박
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 became final and conclusive.

Reasons

Punishment of the crime

On September 25, 2019, the Defendant: (a) around 14:00, at C logistics warehouse in Jung-gu Incheon City, Jung-gu, Incheon Metropolitan City, brought about a dispute with the victim D (the age of 39). (b) The Defendant, as a hand, threatened the victim with flabing flab, which was placed on the top of his left hand, with the victim’s head height.

Accordingly, the defendant carried a dangerous object with a cutting machine and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing duplicating duplicating photographs;

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 reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One to seven years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Intimidation (Type 4), repeated crimes, special intimidation, or threat of tangible determined violent crimes;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) Reduction areas of the range of recommendations and recommendations (two months of imprisonment to one year);

3. Circumstances disadvantageous to the decision of sentence: The accused is subject to suspended sentence due to crimes related to violence; and

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant expressed his intention that the victim does not want to punish the defendant by mutual consent with the victim.

All the kinds of sentencing conditions and the scope of recommended sentences in the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, and the defendant's age and behavior environment, relationship with the victim, motive means of crime, results of crime, circumstances after crime, etc., shall be comprehensively considered, and the punishment shall be determined as per the order.

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