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(영문) 제주지방법원 2016.04.28 2016고단520

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2016, the Defendant: (a) around 05:30 on March 26, 2016, when the Defendant was at the house of the victim D (V, 52 years of age); (b) opened the entrance door to the house; (c) opened the door door; (d) opened the door door door glass equivalent to 30,00 won in the market price; (c) opened the door door with a shoulder glass and opened the door door to the door door; and (d) opened the door door and the shoulder, etc. of the victim in the room, and opened the door door to the door, and opened the door door to the door, and opened the door, knife, etc. of the victim in the room, which are dangerous things in the main door of the room, and (e) knife the knife (total length of 33 cm, 200 cm length of knif

The death will be discarded, such as death, death, death and death.

“.....”

As a result, the defendant intrudes on the residence of the victim, damages the property owned by the victim, inflicts bodily injury on the right side of the safe side and the damaged body, etc. which requires medical treatment for about two weeks, and threatened the victim by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. A medical certificate and a receipt of free price;

1. Application of the relevant Acts and subordinate statutes to photographs, such as parts of the victim's wife;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, tried to harmonize with the victim, who had already been hedginged, but was not able to reach the victim’s residence on the grounds that the victim did not take the part, thereby infringing on the victim’s residence, damaging the property owned by the victim, causing injury by assaulting the victim several times, and threatening the victim using the knife to commit the instant crime.