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(영문) 대구지방법원 영덕지원 2018.06.08 2018고단53
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) on January 16, 2018, the Defendant: (b) was found in the Defendant’s father D’s residence located in Chungcheongnam-gun, Chungcheongnam-do; (c) on January 16, 2018; (d) had a dispute over the victim E (the 47-year-old age) and late returning to his or her father; and (d) had a dispute over the late home of his or her father, and (e) had the transited to have a fire on the mast.

”라고 소리치고, 계속해서 같은 날 01:40 경 마당에 있는 위험한 물건인 LPG 가스통 1개를 다용도 실로 옮긴 뒤 다용도 실과 연결된 주방으로 들어가 가스레인지의 불을 켜는 시늉을 하면서 “ 다

A dead person, a person who does not do so.

"Audition" showed the attitude of causing harm to the life and body of the victim, and caused the victim to drink.

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

2. On January 16, 2018, at around 01:40, the Defendant: (a) received a 112 report stating that the Defendant would attempt to fire at the place specified in paragraph (1) at around 01:40; (b) sent out by police officers; and (c) caused the Defendant to cut off one copy of the victim-owned glass window (72 cm wide, 90 cm long) equivalent to KRW 25,00 at the market price attached to the multi-use entrance door.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each investigation report (as to the site photographs, the attachment of the site photographs, and the verification of the danger of fire in the vicinity of the site), and internal investigation reports (as to the attachment of the list of cases reported, 112);

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283 (1) (special intimidation, choice of punishment by imprisonment) of the Criminal Act, and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment of concurrent crimes as provided for in the heavier special intimidation (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)

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