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(영문) 대구지방법원 2019.01.18 2018고합462
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(2) On May 23, 2018, the Defendant, at around 19:00 on May 23, 2018, committed a crime, following the victim’s report that the victim’s portrait race and the front door fold was removed at the victim’s place of residence (n, 43 years of age) and the front door gate, had the victim raised an objection against the claim for a summary order of KRW 300,000 as a crime of property damage to the Daegu District Court on June 25, 2018.

On June 29, 2018, around 21:55, the Defendant: (a) Gab (13cc in length) which is a dangerous object that had been prepared in advance before the entrance of the victim under *** on June 29, 2018; (b) Gab (13cc in length) which is a dangerous object that had been prepared in advance; (c) opened a door to the victim, and entered the entrance into the front door, and (d) the victim “I am in the Southern Police Station. I am in front of the victim’s dwelling.”

As a result, the defendant intrudes on the residence of the victim, and threatened the victim with dangerous things for the purpose of retaliationing the provision of a criminal complaint, accusation, etc., statement, testimony, or submission of materials in connection with the investigation or trial of his/her criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Reports on internal investigation (Attachment of photographs of pan-driving tools), virtual photographs;

1. Report on internal investigation (Attachment of a copy of a case of causing property damage to a suspect);

1. Application of Acts and subordinate statutes to investigation report (verification of the progress of cases causing property damage);

1. Article 319(1) of the Criminal Act applicable to the relevant criminal facts; Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 283(1) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the special intimidation] shall be more severe.

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