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(영문) 수원지방법원 2016.11.02 2016고단5602

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 alleged that the person residing in Suwon-si C and 101 resides in the same building 102 and the victim D (59 years of age) who resides in the same building and pet issues, and there was a good appraisal against the ordinary victim.

피고인은 2016. 9. 16. 새벽 무렵 자신의 주거지에서 혼자 술을 마시다가, 피해자와 애완견 문제로 다퉜던 일이 생각나자, 피해자에게 찾아가 그 일에 대하여 항의를 하기로 마음먹었다.

Accordingly, on September 16, 2016, the Defendant cited excessive ( approximately 9cm in length) that is a dangerous object at around 06:25 on September 16, 2016, and made efforts to find out in the front door of the victim’s house, thereby walking the front door in the front door of the string door, and “I will die in the front door of Nara Simp,” and even if the victim return to the front door without opening the door, the Defendant continued to walk the front door for about 10 minutes without complying therewith, and threatened the victim with “I will die” by continuously walking the front door for about 10 minutes, thereby endangering the victim’s body or life.

Accordingly, the defendant carried excessive amount of dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [Scope of Recommendation] No basic area (6 to 1.6 months) of Chapter 4 (Habitual Offense and Special Intimidation) (Special Intimidation) [Determination of Sentence] [Determination of Sentence] of the Defendant’s crime history, content and implements of the crime, degree of intimidation committed by the Defendant to the victim and the situation at the time of the crime, circumstances after the crime was committed (if the Defendant did not receive a written indictment from the victim, it appears that he was a director at the present residence), reflective attitude of the Defendant, detention period, and criminal record relation. < Amended by Act No. 1214, Dec. 12, 2013>