beta
(영문) 대구지방법원 2018.04.06 2017고단6846

특수협박등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2017, the Defendant claimed D and her house while under influence of alcohol due to the violent violence of D and the religious problems of female students, etc., as a space living together with D, who was under the age of 46, the victim C (the age of 46).

1. Around 01:20 on October 16, 2017, the Defendant: (a) posted a door door to visit the victim’s house located in Daegu-gu, Daegu-gu, to interview the victim’s house; (b) however, the victim did not open the door door; (c) caused the victim’s door door door gate (78 cm in length) to depict the victim’s cell windows, a dangerous object located near the new door gate (78 cm in length), thereby impairing its utility; and (d) intrudes the victim’s house through a shoulder window and intrudes the victim’s residence.

2. In order to prevent police officers from entering the house upon receipt of a report from entering the house by intrusion upon C’s house at around 01:30 on the same day as the preceding paragraph, the Defendant of special intimidation: (a) coming up with the shoulder of C’s son F (113) who did not have escaped from the house; (b) coming up with the left hand of C’s son’s son who did not have fled, and (c) coming up with the windows glass view (10cm in length) which is a dangerous object on the floor of the living room; and (d) coming up with the police officer, she would throw away from the door with the glass view of C’s door.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of statutes on site photographs;

1. Article 284, Article 283(1) (a) of the Criminal Act, Article 369(1), Article 366 (1), and Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, and Article 319(1) of the Criminal Act, concerning the crime (a point of intrusion upon residence);

1. Selection of each sentence of imprisonment;

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

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

1. The crime of this case on the ground of sentencing Article 62-2 of the Criminal Act is likely to damage property and commit the crime of this case by using the camping view or glass view, which is a dangerous object of the defendant.