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(영문) 대구지방법원 2017.01.19 2015고단5131
협박등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The victim B(the age of 32) had been coming from about 10 years to about 10 years with the defendant, and recently the defendant's injection had been avoided the contact of the defendant for about 1 week with the defendant for about 10 days.

1. On October 14, 2015, the Defendant of intimidation: (a) sent a door door to the Defendant on the ground that the victim’s house located in the Dolbuk-gun C 203 around the 143:30 on the victim’s house did not open the door door without telephone; and (b) sent a door to the Defendant, saying, “Influence of the death of the victim in the head of the lap, the head of the lap, going out of the lap.”

2. The Defendant attempted to compulsorily open the door door of the said victim’s house with an unexplosive tool at the same time and place as the above paragraph (1) above, but the Defendant attempted to intrude upon the victim’s residence after removing the shock network installed outside of the window due to the door, and then attempted to intrude upon the victim’s house. However, the Defendant failed to do so with the intent of making a report to the police.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Articles 322, 319 (1) (a) and 283 (1) of the Criminal Act concerning facts constituting an offense;

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 under Article 62(1) of the suspended sentence under the Criminal Act threatens the victim who the defendant intends to hedge with his/her own, and the case is about attempted to intrude into his/her own residence even when a police officer solicited him/her to return home, and the nature of the crime is not good in light of the contents of the crime and the circumstances after the crime. However, there is no record of punishment exceeding the fine due to the same kind of crime, the defendant’s age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and other various reasons indicated in the arguments of this case, such as the circumstances after the crime.

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