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(영문) 인천지방법원 부천지원 2016.09.23 2016고단1912
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (38 years) are not known to each other.

On July 23, 2016, at around 22:15, the Defendant: (a) followed the damager who lives at the D restaurant in front of the D restaurant located in Bupyeong-gu, Macheon-gu, Macheon-si; (b) caused the damager who was in front of the said restaurant to d cherth to d d cherth to d d cherth to d chere in front of the said restaurant; and (c) caused the damager to chere to chere in his/her front of the said restaurant, and (d) caused the knick knife ( approximately 24 cm in total length, approximately 11Cm in daily length) kept for the use of ordinary fishing in E-Sa vehicle owned by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Application of the statutes on the screen by photographing photographs and CCTV images taken by a police officer dispatched to the scene;

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 suspension of execution (see, e.g., the absence of previous convictions for the same offense, the absence of any record of criminal punishment exceeding the fine, and the profound reflection of errors);

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

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