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(영문) 인천지방법원 2018.02.21 2017고단9128
특수협박등
Text

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 special intimidation: (a) around December 1, 2017, the Defendant: (b) expressed the attitude of the victim in his/her house to kill the victim in his/her house on the following grounds: (c) the noise from the fifth fifth floor apartment building B, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 204, 204 to the upper floor caused by the noise between the victim C (the 38 years of age) to the upper floor; and (d) the victim’s house located in the same 509; (b) find a dangerous object in his/her house in his/her house in his/her house; and (c) put the victim in his/her house in his/her house with the front door door, and expressed the victim’s attitude of “to kill the victim in his/her house in his/her house” to “to kill

2. Damage to special property;

A. As stated in paragraph 1 at the date, time, place, etc., the Defendant damaged the property of the victim who was not the repair cost by putting the 509 entrance door, which is a dangerous object, owned by the victim C, on several occasions.

B. The Defendant damaged the victim’s property in repair cost by opening a door at the time, at the place, and at the time, at paragraph 1, the victim D, who resides in 510, and putting the victim into a door, and putting the victim at a dangerous object in possession of “scoping the house” with a sound of “scoping the house, leaving the 510 entrance door, which is a dangerous object.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Articles 369(1), 366 (a), and 366 of the Criminal Act, and choice of imprisonment for each of the following reasons:

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Crimes 1 for the reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation (the scope of recommendations / [the scope of punishment] habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.). The mitigation area ( April-10) (including special mitigation factors) is not subject to punishment (including serious efforts to recover damage).

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