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(영문) 대구지방법원 2020.01.22 2019고정896

협박등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The victim B is the owner of the land and the house in the Gyeongdong-gun, the victim D is the lessee of the above land and the house, and the defendant is the owner of the land E in the Gyeongdong-gun, the Gyeongbuk-gun, the adjacent to the above land.

1. On September 5, 2018, the Defendant, with the knowledge that he was the victim, at the victim B’s garden located in the Glindong-gun C, the Defendant made disclosure of the victim’s personal information, “If 30 persons who filed a civil petition against the Defendant, the Defendant would have opened the register by checking the name of the president and having the name of the president and affixed the name of the Kamera while flabing the name of the president.” On the other hand, the Defendant made public the victim’s personal information and told the victim that he would inflict any bodily injury on the victim’s body.

Accordingly, the defendant threatened the victim.

2. 재물손괴 피고인은 2018. 9. 8. 11:06경부터 같은 날 13:06경까지 사이에 피해자 B 소유인 경북 칠곡군 C 토지와 피고인의 토지 사이의 경계석에 있던 피해자 소유인 시가 미상의 쥐똥나무 약 50그루를 톱 등으로 잘랐다.

Accordingly, the defendant damaged the victim's property.

3. Intrusion upon residence;

A. On October 14, 2018, the Defendant entered the Gyeongdong-gun C Housing Complex, where the victim D resides, under the pretext of informing the Defendant of surveying land around 15:58 on October 14, 2018.

B. On October 27, 2018, around 12:00, the Defendant entered the Gyeongdong-gun C Housing Complex in which the victim D resides, under the pretext of piling up a fence on the boundary of land.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. A complaint;

1. Investigation report (related to the attachment of CCTV images, etc. installed in the victim's residence);

1. Application of Acts and subordinate statutes to report on investigation (verification of amount of damage);

1. Relevant Article 283(1) of the Criminal Act and Article 366 of the Criminal Act concerning criminal facts, the choice of punishment (the point of intimidation and the selection of fines) and the damage to property.