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(영문) 수원지방법원 안산지원 2018.05.02 2017고단3759

특수협박등

Text

A defendant shall be punished by imprisonment for 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

1. 특수 협박 피고인은 2017. 9. 20. 22:25 경 안산시 단원구 C에 있는 ‘D’ 식당에서 피해자 E(26 세) 과 업무관계로 말다툼을 하다가 피해자가 욕설을 하고 시비를 걸었다는 이유로 화가 나 테이블 위에 있던 빈 소주병을 테이블에 가격하여 깨뜨리고, 피해자에게 “ 죽여 버린다 ”라고 소리치며 위험한 물건 인 위 깨진 소주병을 찌를 듯이 겨눴다.

Defendant continued to break off an empty smaller's disease out of the above restaurant and in front of the restaurant, at the gambling room where it was in front of the above restaurant, and she saw that it would be detrimental to the body of the victim by taking the victim's desire while F, who took the Defendant's hand, was able to take the Defendant's hand, and the shoulderer's disease, which is a dangerous object, was able to take the victim's hand.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. In particular intimidation and special residence intrusion, the Defendant, as mentioned in the preceding paragraph, took a hump pipe (a total length of 40 cm) that is a dangerous object in custody of the Defendant’s house with the victim, and tried to look at the victim’s house.

On September 21, 2017, around 00:0, the Defendant opened the entrance door to the victim’s house located in Ansan-si G or 201, and changed the entrance door to the victim’s house. Notwithstanding the absence of the victim’s consent, the Defendant sent an attitude of having the victim’s house and opened the victim’s house to the victim’s house and opened the victim’s house to the victim’s house without the victim’s consent.

Accordingly, the defendant carried dangerous things into the residence of the victim, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of respective Acts and subordinate statutes of H and F;

1. Relevant provisions of the Criminal Act and Articles 284 and 283(1) of the Criminal Act (the point of special intimidation and the choice of imprisonment) concerning the crime.