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(영문) 인천지방법원 2020.02.12 2019고단8839
특수협박등
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

1. Around 04:00 on July 20, 2019, the Defendant: (a) threatened the victim with special intimidation; (b) in the place of residence of the victim C (V, 56 years of age) in Michuhol-gu, Incheon; (c) threatened the victim with a knife knife knife (30 cm in length, 16 cm in length on the day) which is a dangerous thing in the kitchen (16 cm in length) on the ground that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

2. The Defendant abused the victim’s face and head in drinking at the time and place specified in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C of the suspect examination protocol by the prosecution

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 369(1) and 366 (a) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Pronouncement of Punishment) and Special Destruction and Damage [Type 1] No person who commits a repeated crime and special Destruction and Damage [Special Destruction and Damage] [The scope of recommending area and recommendation] basic area, imprisonment with labor for six months to one year and two months;

C. The third crime (determination of types of violence) and the violence crime [Article 1] general violence [Article 1].

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