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(영문) 인천지방법원 2018.05.24 2018고단1358
특수협박
Text

A defendant shall be punished by imprisonment for six months.

압수된 모형도 검( 헨켈 칼갈이용 칼) 1개( 증 제 1호 증 )를 몰수한다.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of 8 months of imprisonment for a crime of obstructing the performance of special official duties by the Incheon District Court on September 29, 2016, and the above judgment became final and conclusive on September 2, 2017, and is currently under the suspended sentence.

[2] On February 15, 2018, the Defendant, at around 21:47, at the male toilet located in Jung-gu Incheon Metropolitan City, left the victim a knife knife (a total length of approximately 32 centimeters and approximately 21 centimeters in the knife length of knife) using a knife, which is a dangerous object that was in possession of ordinary people who were demanded to leave from the victim E ( South, age 21) who is a personnel of the D community service who was under security inspection, and was trying to live in a knife at the male toilet located in the Jung-gu Incheon Metropolitan City, Jung-gu.

“In doing so, the body of the victim seems to have any harm and injury to the victim.”

Accordingly, the Defendant carried dangerous objects as above and threatened the victim.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol of seizure and a list of seizure;

1. A previous conviction: A statement of inquiry, such as criminal history, copy of the text of the judgment, etc. [if the defendant deniess the crime, but if the defendant addss each statement in this court of the victim E and witness F, the facts charged shall be sufficiently recognized];

Application of Statutes

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions], violent crimes, intimidation, and Type 4 (Special Intimidation) (person subject to special sentencing): Reduction elements: Imprisonment with prison labor for not less than four months from April to one year (the area of mitigation of punishment);

3. Determination of sentence: The defendant is sentenced to six months of imprisonment with prison labor for a knick bottle, which is a dangerous object, and the knife, which is a dangerous object, is a crime of interference with the execution of special official duties by obstructing police officers from performing their duties.

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