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(영문) 수원지방법원 2021.01.21 2020고단6591

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

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. Refusal to withdraw;

A. On July 8, 2020, the Defendant, who committed a crime on July 8, 2020, requested several times to leave from the victim B (n, 42 years of age) who was the former domicile of the victim B (n, n, e.g., the victim C Apartment D, Suwon-si, the area of residence of the victim B, and did not comply with the request, but did not comply with the request to leave from the victim until 09:55 on the same day without justifiable grounds.

B. On July 13, 2020, the Defendant, who committed the crime on July 13, 2020, demanded several times to leave the victim from the victim Category C apartment located in Suwon-si, Suwon-si, which is the residence of the victim B (n, 42 years of age) on July 13, 2020, but did not comply with the demand to leave from the victim until 05:15 of the same day without justifiable grounds.

2. A special intimidation Defendant: (a) requested the victim to leave at the time, time, and place described in paragraph 1-b; and (b) demanded the victim to leave the port; and (c) Rapan pan panty (in a diameter of about 30 cm), which is a dangerous object, and said that “the victim’s death and death.”

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

3. The Defendant damaged property at the time and place mentioned in paragraph 1-b. The victim tried to report to the police, and left the victim’s cell phone floor by cutting off the victim’s cell phone so that the repair cost of KRW 563,000 is damaged.

4. The Defendant injured the victim at the same time, time, and place as described in the paragraph 1-b, knife the victim’s head to flee, knife the victim’s head to go away, and knife the victim’s neck by hand, and caused the victim’s injury, such as an influence in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim B;

1. Application of Acts and subordinate statutes on field photographs, an on-site medical expenses invoice, receipts, a statement of expenses incurred in repairing mobile phones, and cash receipts;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Grounds for refusing to withdraw: Article 319(2) and (1) of the Criminal Act (or choice of imprisonment);

B. Specific intimidation: Articles 284 and 283 of the Criminal Act.