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(영문) 인천지방법원 2016.08.26 2016고단4672
특수협박
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Seoul Central District Court on May 23, 2013, and completed the execution of sentence on October 7, 2014.

On June 3, 2016, the Defendant: (a) around 01:10 on June 3, 2016, around the victim’s residence B A, Dong 202, Yeonsu-gu, Incheon, and (b) on the ground that the Defendant was slicking around the victim’s residence, and slicking against the Defendant, the front door of the said residence, and (c) on the ground that the Defendant was slicked, slicked, and ba.

“Along with the police officer called up after having received a report from the victim, put the knife (25 cm length) into the knife, which is a dangerous object, into the Defendant’s residence in the above A A No. 102, and the victim “This knife has been found”;

The death shall not be discarded, broken down, or broken down.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Taking into account the following factors: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime during the period of repeated crime; and (b) the Defendant’s act is a dangerous act that may cause a significant damage to the victim, the nature and circumstances of the Defendant’s crime are light.

Although it is not possible to do so, the fact that the defendant recognized all of the crimes, seems to have suffered a big damage to the victim, and the defendant's age, occupation, sex, environment, family relationship, motive and consequence of the crime, etc., as well as various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, are considered.

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