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(영문) 인천지방법원 부천지원 2019.06.05 2019고단675
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 15, 2019, at around 21:20 on January 15, 2019, the Defendant was in the Defendant’s residence located in Seocheon-si building C, and was in dispute with D and religious problems, and the Defendant’s wife victims E (the age of 44) went to the above D, and the Defendant’s wife victims E (the age of 44) committed assault twice to the Defendant that she would go to the Defendant “Mara”.

2. Around January 24, 2019, at around 23:45, the Defendant: (a) expressed complaints against the arrest of a flagrant offender on the facts constituting a crime listed in paragraph (1) at the location described in paragraph (1); and (b) made intimidation by the victim E to the effect that, in order for the victim E to avoid his/her location, he/she teared the Defendant’s shoulder stopper with a knife (15cm in length) dangerous goods inside the said residence, and that he/she would throw away from the Defendant’s seat to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Written statements of D;

1. Application of statutes, such as site photographs;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of violence), Articles 284 and 283 (1) of the Criminal Act (the point of intimidation) of the Criminal Act and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the grounds of the sentencing of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is a very bad crime because the defendant, under the influence of alcohol, was duplicating a major disease, which is a dangerous object to his/her spouse, and thereby threatening his/her spouse by using a kacker, which is a dangerous object, for the reason that he/she was investigated by an investigative agency.

The fact that the defendant has many records of punishment for violent crimes is also disadvantageous to the defendant.

However, the defendant's confession and reflect that the defendant will not repeat again, and the victim wants the defendant's wife.

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