beta
(영문) 대구지방법원 2014.12.18 2014고단4279

협박등

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

1. On August 6, 2014, at around 18:00, the Defendant: (a) placed a string of the entrance door on a bicycle, a bicycle in a corridor located in a hallway-gu, Daegu; (b) on the ground that the victim D (n't open the door before 106 dong-gu, 1307, where the victim D (n'e, 41 years of age) resides; and (c) the victim did not open the door.

Accordingly, the defendant damaged the above entrances of 320,000 won.

2. On August 7, 2014, at around 20:00, the Defendant sent text messages, such as “the victim is dead, dead, or dead,” to a mobile phone on the ground that the victim does not open the door, and then made intimidation by “the victim” before the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (to be accompanied by a document or a written estimate to be attached to the statement or damaged);

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment to intimidation messages sent by a suspect);

1. Relevant Article 366 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (2-1 year) of category 1 (2-1 year) (2-1 year) (2-1 year) (3) is concurrent crimes between crimes for which the sentencing guidelines have not been set. Since the sentencing guidelines are not set, the lower limit is based on the lower limit of the crime for which the sentencing guidelines have not been set (3) [decision of sentence] the defendant's mistake is divided and tried not to repeat again, and all kinds of sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after crimes, shall be determined as the order.