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(영문) 수원지방법원 평택지원 2016.09.08 2016고단934
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim B(n, 53 years old) are mother and child.

1. A special intimidation: (a) around 01:00 on May 4, 2016, the Defendant: (b) threatened the victim with an excessive (27cm in total length, 14cm in blade) that is a dangerous object at which the victim was sent back to the gate, on the ground that he/she had drinking from the victim at the residence of the Defendant of Pyeongtaek-si C, and returned home late; and (c) he/she threatened the victim by affixing the wall.

2. The Defendant, at the time and place described in the foregoing Paragraph 1, laid down plastic laundry and travel bags and cleaning teams to the victim and laid down the victim’s booms.

As a result, the Defendant inflicted injury on the victim, such as salt panscule, which requires approximately two weeks of treatment.

3. The Defendant damaged the damage of property by making twice a book owned by the victim at the time, place, as described in the above Paragraph 1, and destroying the glass of the book so that the amount of repair cost equivalent to KRW 40,000 at the market price can be avoided.

In front of the above defendant's dwelling place, the defendant continued to set the glass windows and roof of the DW car owned by the victim, which had been parked at the above defendant's house, into golf, and damaged the glass windows of the above halog car with a capacity of 4,000,000 won at the market price.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

1. Relevant Articles 284 and 283(1) of the Criminal Act for the crime, Article 283(2) and (1) of the Criminal Act, Article 257(2) and (1) of the Criminal Act, Article 366 of the Criminal Act for the crime, the choice of imprisonment for each sentence;

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;

1. Probation and 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 against the mother of the reason for sentencing.

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