(영문) 인천지방법원 2018.05.03 2018고단1925

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(영문) 인천지방법원 2018.05.03 2018고단1925

특수협박

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A defendant shall be punished by imprisonment for four 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, as a tenant of 301, Nam-gu, Incheon, Nam-gu, Incheon, the victim B (66) owned, had a dispute with the victim over the refund of the deposit.

around 13:00 on March 3, 2018, the Defendant found the residence of the victim in the Southern-gu Incheon Metropolitan City C4, Nam-gu, Seoul, and therefore, “Is the security deposit.”

“Along with the noise, the gate, which is a dangerous object, threatens the victim, and continues to be threatened with the first floor of the damage of the defendant, the victim who gets away from the victim, shall throw away the victim without having to pay taxes.

“Along with sound, the knife knife, which is a dangerous object, threatened the victim.”

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

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. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, 【Scope of Recommendation】 Special Intimidation (Type No. 4) on the mitigated area [4 months - 1 year] of the mitigated area: the risk of being caught by the act of 【decision of the Sentence 1, which was not sentenced to punishment, is an unfavorable condition.

However, the possibility of re-offending is not high in light of the weight of the mitigated person, the prompt conclusion of the case, and the status of the first offender who has been continuing over the half the century.

shall be deemed to have been.

The treatment in prudent society is appropriate.

The punishment for four months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.

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