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(영문) 인천지방법원 2020.09.11 2020고단5325
특수협박
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2020, at around 20:35, the Defendant demanded 'C' from the main point located in Jung-gu Incheon, Jung-gu, Incheon, to 'C' to 'the second word ‘C' to the victim D' who is an employee, but was dismissed, and the Defendant threatened the victim by 's threat that 'the head is equal to the time when 'the head is not known', which is about 350 meters in capacity, and about 20cm in height.

Summary of Evidence

1. Application of CCTV Acts and subordinate statutes to police officers' records of statement concerning D's legal statement;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes [Type 4] repeated offenses and special intimidation [Special Intimidation]: Reduction elements of punishment [Special Aggravation of Punishment]: Reduction area of punishment [Recommendation area and Recommendation range] mitigation area, reduction area of punishment, imprisonment with labor for two months through one year;

2. The crime of this case in which the sentence of sentence is to be pronounced is a dangerous thing for the defendant to threaten the victim, and there is a large number of penalties against the defendant.

On the other hand, it is reasonable to consider the fact that the defendant recognized the crime of this case and is against the defendant, and that the defendant does not want the punishment of the defendant by mutual consent with the victim.

In addition, comprehensively taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records of the case, the punishment as ordered within the scope of recommended sentencing guidelines shall be determined.

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