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(영문) 인천지방법원 2018.11.21 2018고단7153
특수협박
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, a resident of Dong-gu, Incheon Metropolitan City, 111 dong 1703, and 1803, the upper floor, was visited to the above 1803, and resisted several times due to the noise of her children. However, the Defendant, while under the influence of alcohol, had expressed a mind that the kitchen blade (total length: 31cm, 18cm: 18cm) was put in a kitchen machine, which is a dangerous thing in the state of being drunk.

Accordingly, around September 22, 2018, the Defendant threatened the victim D (V, 39 years old) before the corridor No. 1803 around September 22, 2018, with the knife "knife" as "knife".

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocols of seizure, list and photograph of seizure;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a case in which the defendant displayed the kitchen knife, which was a dangerous object in the process of protesting the noise between the floor and the victim on the apartment floor under the influence of alcohol. In light of the content and instrument of the crime of this case, the criminal liability of the defendant is not easy, and there was a risk of causing serious damage to the life and body of the victim. The victim was mentally shock due to the crime of this case. Meanwhile, the defendant recognized the crime of this case and recognized the crime of this case, and the defendant reflects his mistake, and the defendant committed the crime of this case by making it possible for the victim who was diagnosed with cancer at the time with his opinion that it is impossible to perform the operation due to the inter-party transfer, the removal of the waste, and the removal of the mouth.

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