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(영문) 수원지방법원 2016.06.29 2016고단1461

특수협박등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant was in conflict with the victim C(61 tax) who resides in the same 406 apartment house in Young-gu, Young-gu, Gyeonggi-gu, 104, 306, and the noise problem between the victim C(61 tax) and the ordinary level of noise.

1. Special intimidation;

A. On November 22, 2015, the Defendant found that around 07:10 on November 22, 2015, the noise between floors was serious in the victim C’s house located in Young-gu, Young-gu, 104 dong 406, Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do; and whether the victim and the victim’s family members were “hicked”;

N. N. N.N.N.N.

“The knife the knife, which is a dangerous object in possession of sound, knife the knife with its head, and threatened the knife with it.

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

B. On December 29, 2015, the Defendant: (a) sought in the residence of the said victim C on the grounds of the preceding paragraph (00:00 on December 29, 2015; (b) laid down the main disease, which is a dangerous object, in the front door, shouldered the string door; and (c) directed the victim by “I will die and die with the blue blue head; and (d) will die and die with the blue head.”

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

2. On December 30, 2015, at the same place as before and after around 13:00, the Defendant damaged the property by putting in mind a floor noise problem between floors, putting in mind the victim C’s gate number, and knicked fish with bad malodor on the part of the knick and knick, thereby temporarily preventing the victim from using the knick door number, knick, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing the treatment of damaged photographs, internal reports, and 112 reported cases;

1. Articles 284, 283 (1), and 366 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.