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(영문) 대구지방법원 포항지원 2019.07.18 2019고단730

특수협박등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who leased a warehouse of the victim B (n, 67 years old) and invested a large amount of money, but was in arrears at several times, but the victim refused the request for delivery until shipping the cultivated crops and demanded the warehouse to be non-delivery.

1. At around 18:30 on May 31, 2019, the Defendant: (a) brought gasoline, which is a dangerous object in the victim’s house located in North Korea-gu C, into the life water of 18.9L; (b) released she in front of the main of the Defendant’s head; and (c) threatened the victim, who was seated on the ground of D with D, with the phrase “I am, and I am dead. I am. I am. I am. I am. I am. I am. I am. I am. I am.”

2. Around 19:20 on May 31, 2019, the Defendant, who was a nearby gas station, re-enters gasoline in the water tank referred to in the above paragraph (1). On the back of the victim’s house, the Defendant placed the clothes of the Defendant on the Defendant’s road before the victim’s house and then placed the bar with a bar prepared in advance. On the other hand, the Defendant continued to put the bar in fire and then cut the gasoline into the bar, and then transferred the bar within approximately 15 meters, to the extent that it could have the bar loaded.

Accordingly, the defendant destroyed an object belonging to his own property and caused public danger.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Seizure records, each investigation report, and report on internal investigation (27 pages of investigation records);

1. 112 Reporting case management table;

1. Lease contract;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 284 and 283(1) of the Criminal Act that apply to criminal facts, the choice of punishment, and Article 167(2) and (1) of the Criminal Act (the occupation of fire prevention of general goods owned by the person in question) (the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Limits to Aggregate of Long-term Punishment in the above Crimes

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

1. Confiscation Article 48 of the Criminal Act