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(영문) 인천지방법원 2019.02.28 2018고단8605
특수협박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the husband of the victim B (math, 59 years old), and the victim C (math, 34 years old) is the child of the defendant.

The indictment of this case contains the statement "Ah of the victim C (ma, 34 years old)", but it is obvious that it is a clerical error, so it shall be corrected ex officio.

On September 3, 2018, at around 06:55, the Defendant prepared in advance, and prepared, in advance, the kitchen gate ( approximately 31cm in total length, approximately 18cm in length) from the kitchen knife to the victims of D apartment E in Michuhol-gu Incheon Metropolitan City, on the ground that the victim B had a dispute with the Defendant and stayed in C’s house. Around September 3, 2018, the Defendant saw the victims into a knife, and flife the kitchen knife, “I will die, I will die, I will not die.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to seized articles and photographs of the body of the victim (hereinafter referred to as "victim");

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by law: One to seven years of imprisonment;

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

(a) Crimes Nos. 1 and 2 (Special Intimidations) (Special Intimidations) [Type 4] Cumulative Crimes, Special Intimidation (Special Intimidations): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months through one year;

B. The scope of recommendations based on the standards for handling multiple crimes: since each special crime of intimidation against victims for at least two months of imprisonment is in a mutually competitive relationship, it is not directly subject to the sentencing guidelines, but at least subject to the sentencing guidelines.

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