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(영문) 인천지방법원 2020.02.07 2019고단5541
특수협박등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who resides in B apartment, and the victim C (the age of 57) is the representative of the above apartment occupant.

At around 16:40 on July 15, 2019, the Defendant: (a) discovered at the Yeonsu-gu Incheon Metropolitan Government B Apartment Management Office, thereby threatening the victim by showing in advance the victim the knife of the transition (mast in length, white knife) that he had been placed in the main machine in order to resist the fact that he had been long time in connection with the extension of the racker in the apartment, and by displaying some of the knife of the transition (mast, white knife).

Therefore, the Defendant, who had the victim talked with the victim, threatened the victim with the fact that he was moving back to the management office along with the victim, and showed the victim with the fact that he was "the thickness with good inside and breath thickness", which means "the thickness with two breath thickness."

In this respect, the defendant carried a dangerous article and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. One to seven years from the date of imprisonment with prison labor for the range of punishment by law;

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

(a) Intimidation (Type 4), repeated crimes, special intimidation, or threat of tangible determined violent crimes;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) The scope of recommendations and the scope of recommendations mitigated (two months to one year for imprisonment);

3. Circumstances unfavorable to the decision of sentence: The nature of the instant crime is poor;

Defendant has been punished for the same kind of crime.

The favorable circumstances show the attitude of the defendant to recognize and reflect the crime of this case, and treat the attack tendency.

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