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(영문) 대전지방법원 2020.11.13 2020고단4238
특수협박등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (ma, 53 years old) are related to the relationship by marriage, and the defendant had a good appraisal for the reason that the sexual victim, including the defendant, has a relative relationship with the defendant, and the defendant has no good appraisal.

1. At around 13:00 on September 22, 2020, the Defendant of special property damage: (a) caused the victim to park his car in front of Sejong Special Self-Governing City, on the grounds that the victim parked his car in the fore part of others, other than the fore part of the victim; (b) caused two knicks (30cm by hand x 15cm in length x 15cm in length), which are dangerous things, by dividing two knicks into two knicks; and (c) accompanied by the DMW740 car driver’s knick, driving knick, driving knick, etc.

As a result, the Defendant, carrying dangerous articles, destroyed the victim's property so that the repair cost equivalent to approximately KRW 25,792,80.

2. Special intimidation Defendant listened to the sound damaged by the glass of a passenger at the same date and time as described in paragraph 1, and at the same place as described in paragraph 1, and taken the Defendant’s appearance as a cell phone image, on the ground that the victim took the Defendant’s cell phone image, and told the victim to take the Defendant’s appearance as “Ieee only if there is a person other than the psychiatrist.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, B, and F;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (video recorded with a cell phone by the victim), a criminal investigation report (Attachment to a written estimate for inspection and maintenance of a motor vehicle), and a criminal investigation report;

1. Written estimate;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes, such as field photographs, mograph photographs, and photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, and Article 369(1) of the Criminal Act, which provide for the relevant provision of criminal facts, the choice of punishment, and the choice of punishment;

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