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(영문) 인천지방법원 부천지원 2021.01.12 2020고단2569
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2020, the Defendant, at around 13:00 on June 20, 202, was under the influence of alcohol on around 13:00 by the victim C (n, 68 years of age) located in Seocheon-si B, △△△△△△△△△△, without any special reason, opened the above main entrance and without any special reason, and take the victim’s bath, and received an objection from the victim, and she was under the victim’s resistance against the dangerous object located in the front of the above main entrance (fence 19cm in width, 9cm in length, 90cm in length), and she flicked the victim with the “ dead-ro gate.”

“.....”

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

2. On June 21, 2020, the Defendant: around 16:00 on June 21, 2020, at the same place as the above Paragraph; on the ground that the victim reported the fact of damage to the above Paragraph 1 to the police, the Defendant saw the victim as a dangerous object at the nearby construction site on the ground that he reported the damage to the police; and received a demand from the victim to find the victim and take a bath, and only that he/she only himself/herself and make a request for the change; and, on the part of the victim, the Defendant putting the above hack up the victim toward the victim, “multi-stack k-kick

Bak Bab

“.....”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of photographs of bricks to the police statement protocol against C;

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 suspended execution;

1. The crime of this case on the grounds of the protection and observation of the crime and the sentencing of Article 62-2 of the Social Service Order Act is not only a threat of the victim, which is a dangerous object, to the police, but also a threat to the victim by carrying the net value, which is a dangerous object following that the victim reported to the police, and the victim reported to the police, the crime of this case is not proper and the risk of recidivism is very high, and thus, it is necessary to punish the defendant strictly.

However, the defendant recognized the crime of this case and opposed to it.

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