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Reasons
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(영문) 부산지방법원 서부지원 2018.01.18 2017고단1060
특수협박등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A crime committed on May 15, 2017;

A. On May 15, 2017, the Defendant: (a) opened a gate, which was not corrected around 02:41 on May 15, 2017; and (b) entered the victim E’s residence, and invaded upon the victim’s residence.

B. The Defendant attempted to intrude upon a residence, on the ground that he/she was confirmed to enter around 05:47 on the same day, did not bring the gate into the main gate of D, and did not bring the 112 report, and did not bring the gate into the control of the police officer called out, in order to bring the gate into the main gate of D.

2. A crime committed on June 20, 2017;

A. On June 20, 2017, the Defendant infringed upon the residence of D without any justifiable reason, opening a residential gate of D, which is not corrected, and entering the math, into the dwelling of D.

B. A special intimidation at around 06:10 on the same day, the Defendant was investigated by the police station as above, and returned to the police station, and told D and her friendly victim F of F that “I kn if I kn kn kn kn kn kn kn, I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.”

Summary of Evidence

1. Legal statement of D or F;

1. The statement corresponding thereto (Evidence 10) in the second-time police interrogation protocol against the accused, and the first time suspect interrogation protocol (Evidence 18);

1. Statement made by the police with regard to D or F and prosecutor's office;

1. The criminal place;

1. Investigation report (Evidence 9,12,33);

1. Protocols of seizure and list of seizure (Evidence 3,4);

1. Determination as to the assertion of the accused and defense counsel by submitting reference materials (Evidence 29) attached to attached video images

1. The defendant and the defense counsel in the part of the crime No. 1-A of the crime alleged that there was no intrusion upon the victim's residential marina, without permission, except for those entering a residence with the police officer with the consent of the victim D;

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