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(영문) 인천지방법원 2013.12.19 2013고단5542

협박등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is residing in 1, 312, Nam-gu, Incheon Metropolitan City C Apartment 1, 312, the victim D (ma, 50 years of age) resides in 311, the defendant's next house, and the defendant opens a door to his residence, and the defendant was in conflict with the victim on the ground that he was smelled from the flowers trees raised by the defendant.

1. At around 02:10 on June 25, 2013, the Defendant, under the influence of alcohol on the part of the victim of the above apartment building 311, had expressed the attitude of threatening the victim to the effect that “The victim’s view is flick and knife, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick.”

2. In the time and place indicated in Paragraph 1, the Defendant: (a) laid down the entrance door owned by the victim; and (b) laid down the entrance door in a scriptive tool with the scriptive tool; and (c) damaged the scriptive body that had been attached to the scriptive door to the scriptive body by flabing the scriptive surface so that

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs of damaged articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The point of undermining relevant laws on the facts of crime: Article 283 (1) of the Criminal Act (Selection of Imprisonment). Article 366 of the Criminal Act (Selection of Imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration that there are several previous convictions who have been sentenced to a heavier punishment than the fine, and that there is no previous convictions who reflect any mistake;