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(영문) 인천지방법원 2018.10.10 2018고단3660
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The Defendant of Bupyeong-gu, Incheon, Bupyeong-gu, 2018 Highest 3660 is a person who worked in a “D” alcohol house operated by the victim C (71) of the victim C (71) of the 8th floor.

On May 1, 2018, the Defendant was suspected of bringing money from the injured party at the above drinking house on May 12:25, 2018, and the Defendant had a knife (37.5 cm in total length, 25 cm in length on the day), which is a dangerous object that was located in the main room of the drinking house, and threatened the injured party with a knife and threatening him.

2. On May 15, 2018, the Defendant: (a) at the “D” drinking house located in Bupyeong-gu, Incheon, Bupyeong-gu B8 on May 15, 2018; (b) on the ground that the Defendant’s monthly wage problem, the Victim E (V), who was the owner of the foregoing drinking house, and the victim E (V, 56 years old) was involved in the instant drinking house; and (c) on the ground that “I would wish to die due to governance fling,” the Defendant continued to run a beer World Cup in the instant place; and (d) the Defendant continued to kill the victim on the ground that “I want to die.”

C. h.h., “C.h.,” the victim threatened the victim.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Two crimes as shown in the police statement protocol with respect to C;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a special intimidation, choice of punishment by imprisonment), and Article 283(1) (a) of the Criminal Act (a point of intimidation and choice of punishment by imprisonment);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishment for two crimes is added to a special intimidation with higher punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 1 in the sentencing guidelines [the scope of a recommendation] Crimes of Category 4 (Cumulative Offense, Special Intimidation) and No. 2 in the basic sphere (4 months to one year and six months) [the scope of a recommendation] of the crime [the scope of a recommendation] of Category 1 (General Intimidation) in the basic sphere (2 months to one year] of the crimes of intimidation (the scope of a recommendation] [the scope of a recommendation] of the basic area (2 months to one year] of the crimes of intimidation: 4 months to two years;

2. Sentence;

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