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(영문) 울산지방법원 2020.05.15 2019고합409
특수협박등
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

Punishment of the crime

1. On July 11, 2019, around 22:30 on July 11, 2019, the victim C (69 years of age) was in the north apartment of Ulsan-si, Ulsan-si, on the ground that the victim resisted the noise between floors, the victim was influorting only one part of the butane gas, which is a dangerous object, and “I am influort, I am influort, am influort, face, and am influort the windows without opening the door.” The victim was influorting the street of the above but emitted gas that was compressed into the wall of the gas tank.

Accordingly, the defendant carried a dangerous object, threatened the victim, and released gas, thereby causing danger to the victim's life, body or property.

2. The Defendant caused property damage to the extent of KRW 1,00,000 for repairing costs by breaking the victim’s strings by brushing the strings of the victim’s strings, along with the same time and place at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A photographic picture taken of butane gas bags and disposable bags used for committing the crime;

1. Investigation report (Attachment of a file recording the situation at the time of damage submitted by the injured party), voice recording CDs;

1. Application of the Acts and subordinate statutes to the entrance, photograph, written estimate, etc. damaged;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles, the choice of imprisonment), Article 172-2 (1) of the Criminal Act (the point of gas emission), Article 366 of the Criminal Act (the point of causing damage to property, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for the crime of gas emission with the largest punishment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. The scope of recommendations according to the sentencing criteria; and

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