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(영문) 청주지방법원 2014.10.24 2014고합152
협박등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

The Defendant, as a shower and equipment operator of Aluminum, was unable to receive the construction cost even after performing the work of glass and windows in D religious organizations E located in Jincheon-gun, Jincheon-gun from August 2013 to September 3 of the same year.

1. Around 14:00 on April 9, 2014, the Defendant threatened F (F) of the Victim F (F) (F) who took advantage of the above E, by telephone, with the attitude that “I will follow the name of the president of H of the G Company and will follow the internal timber” and “I will put the knife on the next knife inside the opposite knife,” and that “I will kill and commit suicide without resolving the construction cost.”

On the other hand, I expressed the attitude that I would be detrimental to the honor of E by continuously transmitting a letter to the victim I (the age of 51) who was widely approved through the personal seal of the G company that was in the process of the construction work in the above E to the content that "I will be sweed if you die in the SNS."

2. 재물손괴, 문화재보호법위반 피고인은 2014. 4. 9. 18:06경 위 E 내 미륵석불 앞 불전함 위에 놓인 피해자 D종교단체 E 소유의 시가 2,922,500원 상당의 청동용 다기, 육각 기도등을 집어던져 부수어 재물을 손괴하였다.

계속하여, 같은 날 18:20경 위 E 내에 설치된 D단체 J 소유의 충청북도 유형문화재 제138호인 미륵석불의 몸통에 정을 대고 망치로 수십 회 쳐서 표면의 돌조각이 떨어져 흠집이 나도록 문화재를 손상하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act (the point of intimidation, the choice of imprisonment), Article 366 of the Criminal Act, Article 92 (2) 1 of the Cultural Heritage Protection Act (the point of damage to cultural heritage);

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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