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(영문) 인천지방법원 부천지원 2016.06.28 2016고단953

특수협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special intimidation: (a) around 01:00 on February 12, 2016, the Defendant: (b) expressed the attitude of the victim, i.e., the victim, who was living together at the home of the victim C (n, 63 years of age) in the Bupyeong-gu, Seocheon-gu, Seocheon-si; (c) “Is the victim’s body,” and expressed the victim’s attitude, i.e., “Is the victim’s body., “Is the victim’s body.”

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

2. The Defendant damaged special property: (a) by affixing a door-to-door visit, which is a dangerous object in the victim’s bank by entering the door-to-face room at the time and place specified in paragraph (1), the Defendant: (b) laid the door-to-door door; (c) laid the door-to-door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the victim’s own interest; (d) laid down door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door in the funeral room, and added an interest equivalent to KRW 2

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement by the public prosecutor with regard to C;

1. A protocol of seizure and a list of seizure;

1. Application of the provisions of Acts and subordinate statutes to the kitchen photographs, cover photographs, and field photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 (a), and 366 of the Criminal Act, and the choice of imprisonment with labor for each type of crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the criminal defendant is against his/her will and that the victim did not want the punishment of the criminal defendant);