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(영문) 대구지방법원 상주지원 2019.06.11 2019고단79
특수협박등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant was in a space between the victim B (n, 26 years of age) and the annual string, the Defendant had the victim listener to the horses, and had the victim look at the home of the victim.

On December 16, 2018, the Defendant: (a) around 23:40 on December 16, 2018, at the victim’s residence located in C, the victim did not open the door without any contact; (b) went back to the victim’s market price at an amount equivalent to 40,000 won; and (c) intrudes into the house; (d) one kitchen-car (33.8 cm in total length, 20.5 cm in length) which is a dangerous object in the scam of the kitchen; and (e) the victim’s “the scam, after having opened the door, scams, scams,” and threatened the victim with the escape of the kitchen-car.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the documents sent by prosecution;

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 284 and Article 283 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the consideration given in favor of the parties, such as the fact that the party commits an error and the agreed fact);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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