(영문) 인천지방법원 부천지원 2018.11.15 2018고단2588

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(영문) 인천지방법원 부천지원 2018.11.15 2018고단2588

특수협박

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2018, the Defendant: (a) was able to take a bath against the victim C (C) at the front of the 119-dong apartment house B in Bupyeong-si, Seocheon-si on September 8, 2018 along with his son, and the injured party spawd the direction of the Defendant, and (b) was spad with his son, “I will do so,” and “I will do so.”

“Around 19 dong 801,” with a knife (20 cm in length) for fishing, which is a dangerous object at the defendant’s house in 119 dong 801, and with a knife the victim, and “the victim was threatened by carrying a dangerous object that is discarded.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (as to the frequency of fishing) (as to the criminal reporting (as to the frequency of fishing);

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- It is not good that the Defendant committed an offense against the victim with the knife and intimidation the knife.

- The victim was the first time, and there are some circumstances to consider the motive of the crime.

- The Defendant agreed smoothly with the victim.

- The defendant has a lot of records of being punished by a fine due to violent crimes.

In particular, on August 20, 2018 and August 29, 2018, the summary order was notified twice due to the crime of property damage, assault, etc., and the crime of this case was committed again.

- Other factors such as the motive for crime, method of crime, and circumstances after crime shall be determined as per Disposition.

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