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(영문) 서울남부지방법원 2020.02.06 2019고단3466
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Crimes committed on February 9, 2019;

A. A. Around February 21, 2019, at around 21:20 on February 9, 2019, the Defendant: (a) was under dispute with the victim D (the 21 year old), his wife; (b) and child care issues; and (c) was under dispute with the victim, and the victim took the knife knife ( approximately 30 cm in total length, approximately 20 cm in length on the knife) which is a dangerous thing in the kitchen; and (d) threatened the victim by taking the knife knife with the victim’s head on his left hand.

B. The Defendant damaged the property of the victim due to the date, time, place, and by the Defendant’s intimidation such as paragraph (1), the victim, who was frightened by the Defendant’s intimidation, laid the victim’s cell phone from his her frighter to frighter and laid the frighter on the floor, thereby damaging the frighter’s property.

2. On June 18, 2019, the Defendant, at around 12:20 on June 18, 2019, destroyed the victim’s property by having the victim damaged the victim’s property by having his/her clothes 10,000 won in the market price while he/she had been in dispute with the victim, while having been in dispute with the victim, at around 12:20 on June 18, 201, he/she was in his/her own residence of Gangseo-gu Seoul Metropolitan Government EF, and at the same time he/she was in his/her own house with the female in his/her own house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Statement of investigation reports (related to attachment of table for handling 112 reported cases) and list of 112 reported cases;

1. Investigation reports (related to attaching photographs of damage caused by destruction of and damage to property), and photographs attached thereto;

1. Investigation report (Confirmation of blade length);

1. Application of Acts and subordinate statutes to photographs of articles damaged by the suspect;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment, respectively;

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;

1. The sentencing of Article 62-2 of the Criminal Act on Probation.

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