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(영문) 수원지방법원 성남지원 2018.11.09 2018고단1889
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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) on August 26, 2018, at the Defendant’s residence located in Sungnam-gu B, Sungnam-gu, A around 01:30, the Defendant threatened the victim, such as the victim, who, while drinking alcohol together with the annual victim C (the age of 44), refuses drinking; (b) a kitchen, which is a dangerous thing that entered the kitchen, uses the kitchen, a kitchen, which is a thing dangerous to the victim, and then put the victim into the kitchen, with the sound “to throw away” and “to die.”

Accordingly, the defendant threatened the victim by using dangerous things.

2. On August 26, 2018, the Defendant infringed upon his residence in front of the second floor house of the victim C residing near Sungnam-gu, Sungnam-gu, around 03:20, the Defendant opened a corrected gate using the key attached to the first floor door of the said house and tried to open the existing password of the said gate before the front door of the victim's house located in the second floor through math, on the ground that the victim was unable to escape from the movement of the Defendant, and escape from the house to the house, and was not contacted by the Defendant. In addition, the Defendant was unable to escape from the above gate, such as opening the door "heat", sound, and cutting the gate due to the previous password.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act concerning the selection of punishment, Article 319(1) (a) of the Criminal Act, and Article 319 of the Criminal Act concerning the selection of imprisonment with prison labor;

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 (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the accused has sexual records with reason for sentencing, and that it is difficult to eliminate the risk of recidivism due to a crime between the persons concerned.

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