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(영문) 서울동부지방법원 2017.11.23 2017고단2700

특수협박등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2017, at the defendant's house located in Songpa-gu Seoul Metropolitan Government around 19:40, the defendant: (a) the victim C (the 58-year age) who is the lessor of the multi-household building 501 located in Songpa-gu, Songpa-gu, Seoul (the 50-year age), did not refund the lessee's deposit and avoid communication, and (b) the kitchen gate (the 20cm in total length, the 15cm in length) located in the kitchen, took the kitchen at his hand, and entered the victim's house located in the victim's house located in the 601 building of the same building (the 600cm in total length, the 15cm in length of the knife), and entered the vicinity of the knife, through an open entrance.

The defendant, carrying dangerous articles, threatened the victim with his residence, and invaded the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes to photographs of crime scene and crime scene;

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning the facts constituting an offense, and Articles 284 and 283(1) (a) of the Criminal Act (a special intimidation, and a choice of imprisonment with prison labor);

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [unfavorable circumstances] The Defendant, citing a kitchen, which is a dangerous thing, invaded upon the victim’s residence and threatened the victim.

[ favorable circumstances] It seems that the defendant's drinking does not want the return of the lease deposit by drinking alcohol, and it appears that the crime of this case was committed by contingently, and it was intended to recover the money, and there was no intention to actually harm the victim with the kitchen-car.

The Defendant was committed by committing the instant crime, and his mistake is divided.

The defendant is an initial criminal who has no record of crime.

In addition, the trial process of this case, including the defendant's age, reputation, character and conduct, environment, family relationship, and circumstances after crimes, etc.