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(영문) 대구지방법원 서부지원 2018.11.21 2018고단2514
특수협박
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. On August 31, 2018, at around 13:30, the Defendant: (a) completed the work at the last day of the residence of the victim D (M, 48 years old) who is himself and his wife in the Seongbuk-gun of Seongbuk-gun; and (b) took advantage of the distribution of volatiles in a warehouse by breaking the defectiveness that the victim tried to leave the warehouse; and (c) made intimidation by spreading gasoline, which is a dangerous object when the victim loaded a cargo vehicle that the victim was on board, and by threatening the victim to correct and threaten the fire.

2. On September 6, 2018, the Defendant: (a) refused the victim’s demand to smoke alcohol and tobacco in the ward; (b) taken the plastic box containing gasoline in storage in the warehouse; and (c) took gasoline, which is a dangerous object by entering the ward into the ward, and fluoring it in the vicinity of the kitchen, fluor and fluoring the gasoline and fluoring it into the kitchen, thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Protocols of seizure, list of seizure and report on investigation (Attachment to photographs of seized articles);

1. Investigation reports (Attachment of on-site photographs), field photographs, and investigation reports (related to gasoline used by a person under investigation for committing a crime);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements on board a victim);

1. Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment with prison labor for the 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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only the history of criminal punishment for violent crimes against the same victim, but also the fact that the defendant was sent as a home protection case despite the fact that the defendant committed each of the crimes of this case, and there was a concern that more severe results may occur in light of the risk of the means of the crime of this case, the nature of the crime is not good. Meanwhile, the fact that the defendant is against the situation of the crime of this case, the victim is not subject to punishment.

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