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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단2885
특수협박등
Text

A defendant shall be punished by imprisonment for six 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. Around 10:10 on October 15, 2019, the Defendant suffered from special property damage in front of the residence of the victim E (n, 83 years old) who adjoined to the dwelling of the Defendant of the apartment No. 2 of Goyang-dong apartment No. 2 (n, 83 years old). In order to hear and resist the noise emitted from the above No. 4, the Defendant found the victim's dwelling and opened the entrance of the above No. 4, and the victim did not open the above entrance, and continuously divided the noise from the above No. 4, which is the Defendant's dwelling, into his hand, the net value ( approximately 46cm in length, about 6cm in length, and about 6cm in body length) which is the object dangerous to the above No. 3, which is the Defendant's dwelling, and added one electronic locking device installed at the entrance of the above No. 4.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. In light of the date and time set forth in paragraph (1) above, the Defendant: (a) opened an electronic locking device installed at the entrance of the above sub-paragraph (1); (b) opened the above entrance; and (c) held the above victim in the above sub-paragraph (d), who had been in the above sub-paragraph (1), did not open the door; and (d) held that the victim’s body would be harmed by the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written statement;

1. A damaged electronic shot photo;

1. The Defendant and the defense counsel acknowledged the destruction and damage of special property among the facts charged in the instant case. However, the Defendant alleged that there was no threat by stating that “I will kill the victim at the time of the instant case without opening a door. I will die.”

However, the F’s legal statement, which was a caregiver with the victim at the time of the instant case, is specific and clear, and also considered in light of the content of the statement submitted to the investigation agency.

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