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(영문) 광주지방법원 순천지원 2019.10.21 2018고단2265

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

On May 2, 2018, the defendant found the clothes of other women at the victim's residence in Sacheon C Apartment D around May 2, 2018 as a person who had a relationship with the victim B, and caused a dispute.

1. On May 2, 2018, the Defendant, at around 16:00, sent a door to the victim’s residence and opened a door to the victim’s residence by using the key that the victim was in possession in order to comply with the victim’s spoke for the said reasons, and entered the door.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, as the date and time set forth in paragraph 1 and at a place set forth in the said paragraph, brought the victim with a diverse, a dangerous object containing approximately 900ml, such as a dangerous object in the warehouse, which was located in the warehouse. The Defendant: (a) brought the divers and the paper divers in his hand; and (b) brought the victim into the bed.

피고인은 같은 날 16:40경 귀가한 피해자가 위 안방에서 컴퓨터를 하고 있자 침대 밑에서 나와 가지고 있던 종이타월에 위 등유를 부은 다음 손으로 라이터를 켜는 시늉을 하며 “같이 죽자.”고 소리쳤다.

Accordingly, the defendant carried a dangerous article, a well-known, and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Legal and chemical appraisal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs (as to the crime of intrusion upon residence, the Defendant and the victim were in a relationship with the victim at the time, and they were free to have their keys with each other, and thus, the presumption consent is acknowledged. However, this court duly adopted and investigated the following circumstances as follows: (a) the Defendant and the victim were the victim immediately before the intrusion; and (b) the Defendant returned the key of the victim’s house (the Defendant used the key which was not returned to the victim’s house and infringed upon the victim’s house).

In light of the above, the victim is expressed explicitly or explicitly.