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(영문) 인천지방법원 부천지원 2016.11.18 2016고합212

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

A defendant shall be punished by imprisonment for one year.

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. 재물손괴 피고인은 평소 아파트 층간 소음 문제로 지속적으로 이웃들에게 항의를 하였으나 시정되지 않자 불만을 품고 있던 중, 2016. 9. 16. 07:30경부터 08:10경까지 자신의 옆 집인 부천시 원미구 C아파트 116동 1308호에 있는 피해자 D의 집 앞에서 아무 이유 없이 욕설을 하는 등 크게 소리를 지르며 현관문을 수차례 손으로 치고 발로 걷어차 현관문 하단 부위가 움푹 들어가게 하는 등 시가 미상의 수리비가 들도록 현관문을 손괴하였다.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.) reported 112 to the same crime as set forth in paragraph 1, and had the victim undergo an investigation at the police station.

The defendant found at around 14:10 on September 17, 2016, the victim's house described in paragraph (1) is found to be "a bad year, killed within the country," and the defendant died.

V. V. L. L. L. L. L. H. Report

(h) the death of governance shall be discarded;

Governance continues to be bullying.

‘Freh' has gone through sound.

Accordingly, the defendant threatened the victim as if he would inflict harm on the victim's body for the purpose of retaliation against the victim's 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report (victim's E telephone conversations) and investigation report (victim's telephone statement hearing);

1. On-site photographs;

1. The Defendant and his defense counsel asserted that the Defendant had a weak mental and physical disorder under the influence of alcohol at the time of committing the instant crime. According to the record, from March 2014, the Defendant was diagnosed at G Hospital’s middle school’s disease, chronic alcohol addiction symptoms, and was diagnosed on Oct. 12, 2016.