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(영문) 인천지방법원 2019.10.24 2019고단5352
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On the front of the defendant's house located in Bupyeong-gu Incheon Metropolitan City on February 2, 2019, around 20:00, the defendant, while under the influence of alcohol, threatened the victim C (the 65 years of age) with the transition (the total length is about 25 cm, the knife is about 12 cm) and the knife (the knife is about 25 cm, the knife is about 8 m) and the knife (the knife is about the knife is about 25 cm, the knife is about the knife is about the knife) and the knife (the knife is about the knife is

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles, 112 reported case handling lists, and investigation reports (E counterpart wire currency);

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: There has been five times punishment prior to violence.

The favorable circumstances are against the principle of good faith when one recognizes his mistake.

The agreement was reached with the victim.

It is a contingent crime.

It is a basic livelihood recipient.

In addition, the defendant's age, character and conduct, environment, means and result of the crime, the circumstances after the crime, etc. of this case and all the sentencing conditions shown in the arguments shall be determined as ordered.

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