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(영문) 대전지방법원 공주지원 2019.09.27 2019고단306

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant for special intimidation is raising a dog in a residential area located in B, and the victim C (year 79) is the landowner of the said residential area.

Around 18:00 on August 7, 2019, while the Defendant was engaged in the work of selling the land as a scke in front of the residential area, the Defendant saw the horses from the victim to “scam without permission,” and scambling the dog on the ground that he was scambling twice with the scam in front of the residential area. The Defendant saw the knick (total length of 39cm, width of 12cm), which is a dangerous object in the residential area, and kids (total length of 42cm, width of 20cm, width of 20cm), and called “scam.”

In this respect, the defendant threatened the victim by using grandchildren and improvement, which are dangerous objects.

2. The Defendant: (a) caused damage to a special material at the entrance of the vehicle B at the time of the official zone set forth in paragraph 1, the Defendant: (b) reduced the repair cost to two times at hand (39cm in total length, 12cm in width) a knick (12cm in front of the D options car parked by the victim at the entrance of the vehicle B at the time of the official zone set forth in paragraph 1; and (c) caused the repair cost to cover approximately two

Accordingly, the defendant damaged the victim's property by using the hand hand, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (calculated of the amount of damage caused by damage);

1. Application of statutes on site photographs;

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

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. In view of the reasons for sentencing under Article 48(1)1 of the Criminal Act, the method of punishment for sentencing, the age of the victim, etc., the defendant is highly likely to be subject to criticism, and the defendant has a number of criminal records of the same kind including the sentence.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant has mistakenly recognized and agreed with the victim.

(2).