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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1594
특수협박등
Text

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

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant: (a) destroyed the part of the kitchen which is a dangerous thing in the Defendant’s house located in the vicinity, and (b) destroyed the kitchen knife (18cc in length on the day) and then discarded the kitchen knife, which is a dangerous thing in the Defendant’s house located in the vicinity, on the ground that the passage of the car parked at the front of the Seocheon-si, Busan, around 22:00, and due to the inconvenience of passage due to the vehicle parked in the front, the Defendant: (c) destroyed the part of the after-school knife by cutting the knife by hand; and (d) damaged the part of the kitchen knife, such as the kitchen knife, and (e) damaged the knife by taking the knife from the victim’s H (45 years old); and (c) removed the kitchen knife from the victim’s house.

“The victim threatened the victim.”

Accordingly, the defendant damaged the victim's D's property, carried dangerous things, damaged the victim's F's property, and threatened the victim's H.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. A written statement of F and D;

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

1. Written estimate;

1. Application of Acts and subordinate statutes to the knives, photographs of vehicles, the specifications of the vehicle, and the specifications of cases reported under 112;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a 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. Determination of the same sentence as the disposition is based on the following circumstances in sentencing under Article 48(1)1 of the Criminal Act, comprehensively taking into account the following conditions in sentencing, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

- Many neighbors have suffered damages due to the Defendant’s commission of the crime.

c)the passage;

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