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(영문) 인천지방법원 2018.08.28 2018고단5259
특수협박
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2018, the Defendant: (a) around 01:05 on the street in front of the Seoul building in Nam-gu Incheon Metropolitan City; (b) on the rise of the victim D (28 tax) and parking problems, and (c) on the rise of “packer”.

After the phrase “after entering the Defendant’s house in the vicinity, the Defendant had a knife (20cm in blades) which is dangerous goods, and threatened the Victim’s clothes with a knife (20cm in blades) and the Victim’s clothes.

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 D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting range);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] / [the scope of punishment / [the scope of recommendations] / No person who does not agree with the victim / [the decision of sentencing] in the basic area (six months to one year and six months) of the four types of intimidation (Habitual, repeated, special intimidation) / [the person who is subject to special sentencing] (the decision of sentencing]. However, the defendant reflects the defendant and has no criminal record for the same kind of crime, other factors such as the motive and circumstance of the crime, the degree of damage, the age of the defendant,

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