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(영문) 인천지방법원 부천지원 2018.11.09 2018고단2690
특수협박
Text

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

The defendant is the victim C (math, 74 years of age) and the husband's death.

The defendant got home on the grounds of the defendant's symptoms, verbal abuse, etc., and again requested divorce from the defendant, the defendant prepared excessive amount in advance to threaten the victim, and found the defendant's second son's residence, E apartment 404-101, 1001.

On October 5, 2018, the Defendant prepared a divorce document with the Defendant at the living room at the above space on October 21:03, 2018, and then saw that “I would like to see that I would like to see that I would like to see that I would like to see because I would like to get a divorce,” and she taken off the transition (the total length: 20cm, 10cm length: 10cm), which is a dangerous object prepared in advance, from the Defendant, from a dominer.

By doing so, the victim was frightened by “to die” and frightened to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made with respect to C, F, and D;

1. Application of statutes on records of seizure and lists of seizure;

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. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of punishment / [the person subject to special mitigation] / [the person subject to special mitigation] / [the decision of sentence] / The crime of this case is a threat to the victim, which is a dangerous article for the victim, and the nature of the crime is not good, and there is a possibility of causing a serious result. The defendant's liability is not easy to say that the crime of this case is committed.

The defendant is detained and living under confinement, and there is no past record of criminal punishment, and there is an agreement with the victim, and the crime of this case is committed.

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