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(영문) 인천지방법원 2017.05.10 2017고단2131
특수협박등
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

On March 10, 2017, the defendant was living together with the victim at the victim's house located in the Seo-gu Incheon Metropolitan City D building 203 due to the introduction of Rain in around 2014, and the defendant was living together with the victim on the ground that there is a large amount of settlement by using the mobile phone around March 10, 2017, and led the victim to drive away from the victim's house.

around 22:30 on March 20, 2017, the Defendant entered the house of the above victim, stating that “the victim has confirmed whether he has a male at the scar house”, and returned to the house. In addition, the Defendant laid the house out of the window of the room where the victim kids and the 1st of the scar and the scar of the scarf and the scarf, which the victim kid from the kitchen, followed the cooling in the kitchen, followed the cooling in the kitchen, let the scarf, walking the cooling, and walk the cooling in the kitchen due to the scarf, she laid down the house (the total length of 21cm) at the kitchen bed, and put the scarf inside the kitchen bed well three points of the clothes owned by the victim, which were rapidly dried.

그 후 피고인은 위 가위로 피해자의 이마 부분을 콕콕 찌르면서 피해자에게 “ 너 죽이러 왔다” 고 위협한 다음 다시 싱크대로 가서 그곳에 있던 부엌칼( 총 길이 31cm, 칼날 길이 19cm) 을 가지고 와 이를 피해자의 목에 들이대면서 “ 너 오늘 죽여 버리겠다” 고 위협하였다.

The defendant, carrying dangerous articles, threatened the victim, and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 stay of execution ( normal consideration considered as follows):

1. Crimes No. 1 (Assault) of the grounds for sentencing in Article 62-2 of the Criminal Act for the observation and observation of protection and Article 62-2 (Crimes) of the Criminal Act [the scope of recommending] crimes of intimidation (Habitual, Cumulative, Cumulative, and Special Intimidation) are the basic sphere (from June to June).

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