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(영문) 인천지방법원 2020.01.22 2019고단7988
협박등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 was dead from the victim B (n, 37 years of age) and from June 2014 to June 2018.

1. 협박 피고인은 2019. 10. 9. 16:10경 인천 부평구 C에 있는 피해자가 근무하는 ‘D다방’에서, 피해자에게 다시 교제할 것을 요구하였으나 피해자가 이를 거부하였다는 이유로 피해자에게 “너는 씨발 죽어야 돼, 살려줄 이유가 없는 년이야, 내가 너 못 죽이면 사람이 아니다, 너 병신 만들어 버릴거야, 내가 너는 가만 안 놔둬, 내가 갔다가 내일 다시 올 거야”라는 취지로 말하여 피해자를 협박하였다.

2. A special intimidation: (a) around 18:55 on October 10, 2019, the Defendant: (b) threatened the victim with “Dda” as stated in Paragraph (1); (c) demanded the victim to refrain again; (d) however, the victim was suffering from the victim’s saying, “I wish to do so only, I want to do so”; (c) attempted to take the knick knife (17.5 cm in total length, 11.5 cm in length) which is a dangerous thing from the State money; and (d) threatened the victim with “I will die, I will die, I will die.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Articles 283(1) and 284 and 283(1) of the Criminal Act concerning the crime (the point of intimidation to carry dangerous articles);

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 for sentencing under Article 48(1)1 of the Criminal Act;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Class 2 (Intimidation) (Determination of Punishment).

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