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(영문) 인천지방법원 2020.08.19 2020고단3628
특수협박
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B(n, 46 years of age) are legal married couples.

On April 3, 2020, the Defendant: (a) around 04:30 on April 3, 2020, at the Michuhol-gu Incheon Metropolitan City C lentho Lakeho Lake, the Defendant said that the victim was at the late time of returning home, and was aware of the victim’s external rating, and was in dispute with the victim’s external rating, the Defendant said that the Defendant was “beaturd” while having two knife, which is a dangerous object with a knife knife on the knife knife, and kn

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

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Act and subordinate statutes to the police protocol of statement No. 2 and 12 to the police investigation report (Evidence List No. 2 and 12);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with regard to a provisional payment order under Article 334(1) of the Criminal Procedure Act is that the Defendant, who is a legal spouse, uses a knife and threatened the victim.

However, it appears that the defendant had the attitude of reflecting the wrongness while acting as a substitute for the crime, the victim wanted to take the defendant's wife, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following factors.

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