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(영문) 의정부지방법원 2019.05.22 2019고단956
특수협박
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 00:10 on September 17, 2018, the Defendant used each item (95 cm in length) in the net and emergency stairs, which are dangerous objects in the house due to inter-floor noise problems, from the front corridor of the apartment apartment C, in the Government-Si of Speaker-si, the Defendant: (a) sought at the victim D's house; (b) opened the victim's house entrance and wall with the above net and each item; and (c) threatened the victim with the head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographic materials;

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the crime committed by the defendant by searching for and threatening the house of the above floor, which is a dangerous object due to inter-floor noise problems at the night.

It seems that the victims and their families have a lot of mental and material damage, and the nature of the crime is not good in light of the method of crime.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, that the victim and the defendant have not been punished for the defendant, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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