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(영문) 광주지방법원 순천지원 2018.01.05 2017고단1405
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

1. On June 20, 2017, the Defendant who intruded upon a residence: (a) 03:30 on June 20, 2017; (b) Da’s child victim D; and (c) Do’s home with the victim E; and (d) Da’s home with the victim E did not make a deposit; and (b) Do’s home opened a door to the victim D.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant damaged property by breaking a chemical plosive window by generating a brupt glass window on the date and time, at the place specified in paragraph 1, on the ground that the said C was not subject to telephone, and destroying the c-owned market price of the victim in a ward by gathering electric 2,800,000 won in total, c-owned by the victim C, and destroying the c-owned sc-phones, cleaning, eating, and resistance. The victim D and E-owned market price was 1,064,80 won in total and damaged.

Accordingly, the defendant damaged the victims' property.

3. Special intimidation: (a) on the date, time, place, etc. specified in paragraph 1, on the ground that the Defendant did not call to said C; (b) knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, which is a dangerous object, and (b) h

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. An investigation report (calculated market price of damaged goods);

1. Application of statutes on site photographs;

1. Article 319(1) of the Criminal Act applicable to the facts constituting an offense (the point of intrusion upon residence), Article 366 of the Criminal Act, and Articles 284 and 283(1) of the Criminal Act (the point of special intimidation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Infringement upon each residence);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing in the main sentence of Article 62-2(1) of the Criminal Act, and Article 59(1) of the Act on the Observation, etc. of Protection, etc. are below.

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