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(영문) 인천지방법원 2020.06.12 2020고단1858
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 14:30 on December 2, 2019, the Defendant, while drunkly drinking 6 times in the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, 15, the Defendant called the victim B (the age of 37) (the age of her mother), who was in possession of a dangerous article at his own end, without any particular reason, that the Defendant “finched the finch.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations in B and C

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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 disadvantageous to the decision of sentence: A poor quality of crime is and a defendant has been sentenced to a fine several times due to the same kind of crime;

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant expressed his intention that the victim would not want the punishment against the defendant by mutual consent with the victim.

All the kinds of sentencing conditions and the scope of recommended sentences in the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, and the defendant's age and behavior environment, relationship with the victim, motive means of crime, results of crime, circumstances after crime, etc., shall be comprehensively considered, and the punishment shall be determined as per the order.

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