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(영문) 인천지방법원 2018.07.26 2018고단3017
특수협박
Text

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

On August 12, 2017, the Defendant, at the parking lot located in Incheon Strengthening-gun B around 21:10 on August 2, 2017, dispute over the victim C (39 tax) and its daily activities and parking problems, does not take the fluorial map (45cm in total length, 33cm in length on the back of the knife) that is dangerous articles from the back seat of the knife vehicle.

In doing so, the victim is 3-4 times in the 3-4th century and the ground floor of the land, and “Ieen flobed with several impules,”

First of all, he changed the flabed son in front of the flab.

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. Application of the respective laws and regulations of C, E, and F;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years;

2. Scope of the recommended sentence according to the sentencing guidelines [the types of decisions] violent crimes, intimidation crimes, and Type 4 (Habitual, Cumulative, and Special Intimidation) (Special Sentencings): Reduction elements of the punishment (the scope of the recommended punishment]: Imprisonment with prison labor for not less than four months nor more than one year (the area of mitigation);

3. Determination of sentence: 4 months of imprisonment with prison labor, 1 year of suspended sentence and 1 year of suspended sentence are threatening a victim by using sagle, which is a dangerous object, and the nature of the crime is good. However, the defendant's perception of the crime of this case and reflects his mistake in depth. Among the crime of this case, the defendant does not exercise the direct tangible power to the body of the victim, and the defendant is currently suffering from depression and depression, and such mental illness seems to have been the cause of the crime of this case. Such mental illness appears to have been the cause of the crime of this case. In order to alleviate symptoms, it seems that the hospital must undergo regular medical treatment, the defendant is not subject to punishment against the defendant, and there is no record of the crime exceeding the fine imposed on the defendant.

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