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(영문) 수원지방법원 평택지원 2017.11.02 2017고단1261
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

When the defendant was aware that the victim B was close to the victim C(42 years of age) while having a sense of care for the victim B(n, 47 years of age), he became aware that the victim B was close to the victim C(42 years of age).

1. On May 17, 2017, the Defendant: (a) around 00:50 on May 17, 2017; and (b) around 00:50 on Pyeongtaek-si D’s residence entrance door to the victim B, who did not open the door, destroyed the victim’s door by getting off the cable line from the rooftop of the building up to the front of the second floor where the victim is living; and (c) removing the cable door by hand, and destroying the victim’s door door of door-to-door door.

Accordingly, the defendant damaged the property in the market value owned by the victim.

2. On May 18, 2017, the Defendant: (a) taken a large portion of the victim’s clothes in Pyeongtaek-si D and the second floor corridor that the victim C was unleeped with himself/herself; and (b) took a dangerous thing in his/her residence, and reached one-time part of the part of the victim’s clothes.

In this respect, the defendant carried dangerous objects and assaulted the victim.

3. A special intimidation around 02:50 on May 18, 2017, the Defendant: (a) reported that the victim C made a statement of damage to a police officer dispatched after receiving a report of the crime under the above paragraph 2; (b) and (c) threatened the victim with a knife (13cm in length in knife) knife (13cm in knife) knife, which is a dangerous object taken from his/her residence.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. B and C’s statements;

1. On-site photographs, on-site photographs, and on-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 261, 260(1) of the Criminal Act (the occupation of assault to carry dangerous articles), Articles 284 and 283(1) of the Criminal Act (the occupation of intimidation to carry dangerous articles), Article 366 of the Criminal Act (the occupation of property damage) and each of the imprisonment options.

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