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(영문) 광주지방법원 해남지원 2016.12.15 2016고단423
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 2 or 3 shall be confiscated.

Reasons

Punishment of the crime

1. Around 10:30 on October 19, 2016, the Defendant: (a) went into the house of the Victim D located in the Namnam-gun, Namnam-gun; (b) by inserting any dangerous object (110cm in length) and improving (25cm in length) with an open gate without any justifiable reason, the Defendant entered the house of the Victim E, which is a dangerous object (48cm in length, 25cm in length); and (c) made a part of the FS-type car owned by the Victim E, which was parked in the ma, several times to improve the glass of the driver’s seat in the FS-type car owned by the Victim E.

As a result, the defendant invadedd the victim D's residence by carrying dangerous articles, and damaged the vehicle owned by the victim E to cover KRW 173,000.

2. Around October 19, 2016, the Defendant: (a) expressed the victim H(77 years old); (b) expressed the victim H(s) of the victim H (7 years old); and (c) expressed the victim H(s)’s desire to be “imprison. Chewing in favor of drinking money” without any justifiable reason, and continuously expressed the victim H as “imprisone in favor of drinking money”; and (d) expressed the victim H(37cm in length) a dangerous object in the house storage of the victim H’s house; and (e) expressed the victim H(s) expressed the victim H’s desire to be “Chewing impris.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, I, and E;

1. Written estimate;

1. The relevant photographs (fields, etc., criminal tools), black boxes video photographs, black boxes, and black boxes;

1. Application of Acts and subordinate statutes to report on investigation (verification, etc. of damaged vehicles black boxes);

1. Articles 284, 283(1) (a) of the Criminal Act applicable to the crime, Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1), 366 (a) and 366 (a) of the Criminal Act, Articles 320 and 319(1) (a) of the Criminal Act, in relation to a crime;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria;

(a) special intimidation;

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