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(영문) 의정부지방법원 2018.04.11 2017고단5790
특수협박등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 7, 2017, the Defendant damaged a special property: (a) the victim D’s house located in Macheon-si C around 16:20 on December 7, 2017; and (b) the boiler room was cut off with a hacker, which is a dangerous object ( approximately 43 cm in total length, approximately 12 cm in length); and (c) the Defendant continued to cut down the hacker door and the hacker knife with the hacker.

Accordingly, the defendant carried dangerous objects and damaged the victim's property to be repaired non-repaired, thereby impairing its utility.

2. The Defendant, at the time, at the place in the preceding paragraph, and at the time, at the time, at the time, at the place, and during the damage of the gate as mentioned in the preceding paragraph, considered D’s mother victim E (e.g., 77 years of age) out of this age and took a hump, which is a dangerous object ( approximately 43 cm in total length and approximately 12 cm in length in length).

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

Summary of Evidence

1. E statements;

1. Photographs of crimes and field tools;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 (a), and 366 of the Criminal Act, the selection of fines for the crime;

1. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the Defendant, among the reasons for sentencing), is the damage and intimidation of property, which is a dangerous object, and the crime’s circumstances and the nature of the crime are not provided for in the Act.

However, the defendant is a primary offender who has no record of criminal punishment, and the defendant is a person with hearing and language 2nd degree due to a congenital disability as an old age of 82 years, and the victim as well as his/her children and village residents are against the defendant.

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