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(영문) 인천지방법원 2018.04.12 2018고단1002
특수협박
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment 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, while fighting in pro-friendly victim B (49) and telephone, prepared a new bat, one bat, and one bat, which are dangerous objects in order to put the bat at the clothes room operated by the victim and put the bat.

On December 11, 2017, at around 14:00, the Defendant: (a) released Ba, which is a dangerous object in Jung-gu Incheon Metropolitan City, to the victim; and (b) threatened the victim with the purport that the Defendant’s Batter’s later’s labing of the dangerous object was labed by the victim’s hand; and (c) by the victim’s labing of

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on records of seizure and lists of seizure;

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 suspended execution;

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 Special intimidation (Type 4) (No. - 1 year): Special mitigated person: The risk of being caught in the act is disadvantageous.

However, it is appropriate to treat the mitigated person in a prudent society in light of the proportion of the mitigated person, the blood relationship with the victim, and the relationship with the victim.

The punishment for five months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for a period of one year on condition that community service for the prevention of recidivism is provided.

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