logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.14 2020고단4562
특수협박
Text

A defendant shall be punished by imprisonment for four 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 April 1, 2020, at around 23:05, the Defendant threatened the victim C (here, 53 years of age) living together with a female living together (here, 53 years of age) who calls to see whether he/she will have come home late, and made a dispute with him/her, with the excessive amount (the total amount of 20cm and 10.5cm in length) which is a dangerous thing that he/she may cause a death, and thereby, threatened the victim as if he/she would cause danger.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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: The degree of danger of dangerous things used by the defendant shall be high.

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

From the investigation stage, the victim consistently expressed his/her intention not to be punished against the defendant.

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.

arrow