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(영문) 서울동부지방법원 2021.02.04 2020고정1103

협박등

Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who resides in the head of Songpa-gu Seoul Metropolitan Government B lending C, and the victim D (V, 30 years of age) was living in the same loan E.

피고인은 2020. 6. 14. 04:00 경 피해자의 거주지 인 위 빌라 E 호 출입문 앞에서, 피해자가 자꾸 층 간 소음을 일으킨다는 이유로 화가 나 피해자에게 욕을 하면서 수차례 손잡이를 잡고 문을 열려고 하고, 도어락 비밀번호를 누르고, 발로 출입문을 걷어찼다.

Accordingly, the Defendant attempted to intrude the victim's residence, but the victim failed to open the entrance, thereby making the victim attempted.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to investigative reports (to hear files filed for recording victims);

1. Relevant legal provisions concerning criminal facts, Articles 322 and 319 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. Article 62(1) of the Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 2006) of the Criminal Act (see, 2008Da1448, Apr. 1, 200)) on the dismissal of a public prosecution is a person who resides in Songpa-gu C lending C and 30 years of age, and the victim D was residing in the above sub

On June 14, 2020, the Defendant: (a) around 04:00 on June 14, 2020, on the ground that the victim incurred noise from the front door of the head of the Dong Dong Dong, which is the victim’s residence, before the victim’s dwelling, he would die with the victim.

She opened the door balk balk h h.h.).

Accordingly, the defendant threatened the victim.

2. The grounds for not punishing the victim, Article 283(3) of the Criminal Act, Article 327 subparag. 6 of the Criminal Procedure Act