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(영문) 인천지방법원 2019.11.22 2019고단5398
협박
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On August 3, 2019, the Defendant committed the crime of August 3, 2019, around 10:05, and around 10:05, at the house of the victim C (n, 63 years of age) located in the Yeonsu-gu Incheon apartment, Yeonsu-gu, Incheon, and acted as if the Defendant would inflict harm on the victim by opening the string door and walking the string door at several times on the ground that the victim might sleep.

Accordingly, the defendant threatened the victim.

2. On August 7, 2019, the Defendant committed the crime of August 7, 2019, around 16:20 on August 7, 2019, in front of the house of the above victim C (n, 63 years of age). On the above floor, the Defendant: (a) walked the string door to the string door on the ground that the string victim might slick down, and (b) acted as if he would inflict an injury on the victim.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of each report filed 112;

1. Application of statutes, such as site photographs;

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) No person who has committed any of the crimes under Articles 1 and 2 (Crimes of Intimidation) [Article 1] and no general intimidation [Article 1] (the scope of a person subject to recommendation and recommendation] (the scope of a person subject to recommendation], and two months to one year;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

2. The defendant's alcohol drinking habit, which affected each of the crimes of this case, appears to have been sentenced.

After the date of the crime in this case, the defendant shows the symptoms of the exchange at the time of host.

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