(영문) 인천지방법원 부천지원 2019.01.17 2018고단2764

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굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2019.01.17 2018고단2764

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B (the age of 23) are between the two years and the school restrictions in the past.

At around 13:20 on September 16, 2018, the Defendant threatened the victim with excessive (knife: 20cm) which is a dangerous thing in the house where the victim had been deprived of his/her locked on the ground that he/she had confirmed the contents of his/her locked dialogue between him/her and his/her locked, etc., while threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of excessive photographic statutes;

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. Probation and community service order under Article 62-2 of the Criminal Act (a person who has a record of being sentenced to a suspended sentence due to special injury; (b) was sentenced to a fine due to the crime of causing property damage after being sentenced to a suspended sentence as above; (c) committed the crime of this case by carrying dangerous articles despite being issued a disposition that is not authorized to prosecute due to the crime of assault; and (d) the defendant seems to maintain the balance continuously by agreement with the victim; (c) there is a need to keep the defendant on probation for a certain period of time; and (d) there is no possibility of recidivism; and (e) there is a need to put the defendant on probation; and (e) threatened the victim by citing excessive amount of dangerous articles

It seems that the shock and fear of the victim caused the crime of this case was considerably significant.

Even though there has been a history of punishment for suspension of execution due to special injury crimes, the crime of this case has been committed.

The favorable circumstances: The mistake is recognized.

The agreement was reached with the victim.

In addition, the punishment shall be determined as ordered by taking into account the motive and circumstances of the crime, the circumstances after the crime, etc. and the various sentencing conditions shown in the pleading.

참조조문

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