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(영문) 전주지방법원 2019.07.18 2019고단732
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B (the age of 56) were married on November 3, 2015, but they were married on April 26, 2019.

1. On April 27, 2019, at around 10:30 on April 27, 2019, the special intimidation Defendant found around April 10:30, the victim’s house located in North Korea-U.S. C that the Defendant would bring about the gathering and cooling of groundwater purchased by the Defendant at the victim’s house located in North Korea-U.S., and made intimidation by using a saw (32 cm per one day, 32 cm, knife) that is a dangerous object located therein, and by stating that the Defendant would kill and die under the victim’s items.

2. On April 27, 2019, around 19:00 on April 27, 2019, the Defendant destroyed and damaged the victim’s convenience by destroying the victim’s convenience of the door door door door at around 300,000 won at the market price by using piracy, which is a dangerous object from the end of the victim’s home (6cm, wooden knife, 88cm) between the victim and the victim’s absence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of each police statement concerning B;

1. Each written statement in B;

1. The application of Acts and subordinate statutes to the 112 Report Statement, certified copy of resident registration record cards, investigation report (in the face of 53 pages of investigation record), field photographs, investigation report (in addition to the 112 Report List), list of reported cases, investigation report (in the face of 112 Report), list of reported cases, investigation report (in the face of a field photograph), photograph of the tools of crime, investigation report (in the face of a shoulder entrance photo), photo of the entrance door, entrance door photo, entrance glass receipt, investigation

1. Articles 284, 283 (1), 369 (1), and 366 of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act is against the Defendant’s confession of the instant crime.

The Defendant had a large number of criminal records related to drinking driving, but does not have the same criminal records as the instant crime.

On June 11, 2019, the Defendant agreed with the victim.

The age, character and conduct, family relationship, and family relationship of the defendant.

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