beta
(영문) 대구지방법원 포항지원 2019.05.01 2019고단272

특수협박등

Text

A defendant shall be punished by imprisonment for six 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

1. On January 19, 2019, the Defendant: (a) destroyed special property damage: (b) around 22:15 on the ground that the employees of the said main shop did not drink himself/herself and drink in the room of “D” entertainment bars operated by the victim C (the age of 52) and the second floor of the building in South-gu B and the second floor; and (c) caused the damage of the above screen protection unit to cover the repair cost of KRW 700,000,000, when he/she was placed at a singing screen protection unit installed therein.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The special intimidation: (a) the Defendant stated that “the victim shall have the victim no longer than twice,” due to the crime under paragraph (1) at the time and place under paragraph (1), the Defendant purchased and possessed a excessive one ( approximately 11cm in length, approximately 22cm in total length), which is a dangerous object, out of the aforementioned main point, and in an influence place; (b) returned to the said main point on January 20, 2019; and (c) took the said excessive amount as his hand, and made the victim’s desire to take the victim, and threatened the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The police seizure record and the list of seizure;

1. Investigation report on the sources of knife and monitoring photographs, etc. damaged, investigation report (verification of reimbursement of repair costs and attachment of receipts) - Application of the Acts and subordinate statutes on the receipt of repair costs;

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria;