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(영문) 대구지방법원 포항지원 2018.08.30 2018고합46

특수협박등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Special intimidation: (a) on May 23, 2018, the Defendant: (b) 06:20 on May 23, 2018, while drinking alcohol at the Defendant’s residence located in Nam-gu, Nam-gu; (c) entered this scheme to the victim D (at the age of 55) who is the wife, and fluencing the door; and (d) 22 cm in breath (the total length of 33cm, 22 cm); (c) excessive two occasions (23cm in total length, 12cc and the total length of 21cm, and 12 cm in blade).

The knife called "the knife" and as the knife of the victim.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at the date and time set forth in the above paragraph 1 and at the place, destroyed the fire, on the ground that the damaged party, as seen above, went out of the house, and carried a stoper in the house into the floor by spreading it on the floor and attaching a fire with a drater to the floor and having the dives floor and the living room.

Accordingly, the Defendant destroyed the existing structure of the victim by setting fire to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Domestic investigation reports (in relation to the situation at the time of dispatch), internal investigation reports (in addition to a victim's additional statement), investigation reports (in relation to actions at the time of investigation of the suspect), investigation reports (in relation to actions at the time of investigation of the suspect), investigation reports (in relation to the criminal suspect behavior), investigation reports (in relation to telephone communications of the victim), investigation reports (in relation to telephone communications of the victim), investigation reports (in relation to submission of written applications for victim);

1. Application of the Acts and subordinate statutes governing the on-site and crime tools photographs, coal applications, and investigations of the risk of recidivism of domestic violence;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special intimidation, choice of imprisonment), and Article 164(1) of the Criminal Act (the fact that the present main building is fire prevention, and choice of organic imprisonment);

1. Aggravation of concurrent crimes (the sum of the long-term punishments of the above two crimes) Articles 37 (former part), 38 (1) 2, and 50 (Article 50) of the Criminal Act shall be aggravated for concurrent crimes with the punishment prescribed for the grave building and fire prevention with heavier punishment;