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(영문) 인천지방법원 2020.06.11 2020고단2595
특수협박등
Text

A defendant shall be punished by imprisonment for not more than ten 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 the father and wife relationship with the victim B (math, 63 years of age).

1. A special intimidation Defendant: (a) around 23:00 on January 7, 2020, at the residence of the building C of the Namdong-gu Incheon Metropolitan City, the victim cited excessive (7cm in length on a day) that was dangerous in the kitchen while assaulting the victim, on the ground that the victim did not open the front door, and then the victim “picker and deader,” and then the victim threatened the victim as if he did.

2. The Defendant damaged the property of the victim by removing a string of a c,00 won of the market price owned by the victim at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to damaged photographs, excessive blade photographs, and reports on emergency measures;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 36 of the Criminal Act and Article 366 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the elements for mitigation of repeated crimes and special intimidation (Special Intimidation) (Special Intimidation): In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], and two months to one year;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage of Property, etc. (Special Punishment): Damage of Property: Where actual damage is minor (the scope of recommending area and recommending punishment) mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. Determination of sentence: Two years of a stay of execution for ten months;

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