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(영문) 대구지방법원 포항지원 2017.10.18 2017고단1149

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 1, 2010, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the port branch of the Daegu District Court on September 1, 2010. On May 3, 2010, the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving).

1. On August 29, 2017, the Defendant invadedd the victim’s house located in North-gu C at the port of Mapo-si on August 29, 2017: (a) the victim’s house located in North-gu C; (b) the victim raised an objection to wage issues; and (c) the victim’s house was invaded upon the victim’s house.

2. On September 1, 2017, the Defendant was under the influence of alcohol level of 0.241% from the Defendant’s house located in the north-gu, Sinpo-si, North Korea, under the influence of alcohol level of around 00:30 on September 1, 2017 to the front road of the said victim’s house located in the same Gu C.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

3. The Defendant damaged a special property by going beyond the above 6,627,50 won in the market price, taking a gate of the victim’s gate, which is a dangerous object from the victim’s front of the said victim’s house, on the ground that the Defendant did not receive any wage from the victim’s house at the time specified in paragraph 2, and then damaged the said gate to KRW 6,313,780, which is owned by the victim who was parked at the victim’s house at the same time of the said gate, and continuously parked in the said gate’s back portion of the said gate, which is owned by the victim.

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

4. The special intimidation Defendant: (a) destroyed the victim’s motor vehicle at the above time, at the above time, and at the above place, and attempted to flee from the victim; (b) thereby, shack pipe (75 cm in length) which is a dangerous object in the cargo vehicle.