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(영문) 인천지방법원 2020.09.17 2020고단1634
특수협박
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

At around 23:30 on December 8, 2019, the Defendant threatened the victim by saying, “Iskin, Iskin, Iskin, Iskn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was revised ex officio.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. Application of Acts and subordinate statutes on identification of the 112 Reporting Case List to D, the police statement of D;

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;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to be a crime committed by threatening the victim, while the victim seems to have slicked a great fear of fear due to the instant crime.

There are many criminal offenders including special violence crimes.

However, the punishment as ordered shall be determined by considering the favorable circumstances, such as the fact that the defendant is recognized to commit a crime, that the person living together with the victim does not directly use the knife for the victim by making his/her restraint, that he/she seems to have been seriously sentenced to death with the victim by an investigative agency.

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