(영문) 의정부지방법원고양지원 2020.08.27 2020고단853

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(영문) 의정부지방법원고양지원 2020.08.27 2020고단853

협박

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

The defendant resides in the building No. C, the victim D (V, the 63 years of age) in Goyang-gu, Sosan-si, the defendant resides in the upper floor of the defendant's residence.

From January 1, 2020, the Defendant reported the victim to the police several times on the ground that noise has occurred in the victim’s residence, and found the victim’s residence in the victim’s residence and made a dispute with the victim, etc., and deleted part of the facts charged in the instant case as they did not directly relate to the point of the instant intimidation.

On January 31, 2020, around 10:40, on the ground that the victim's residence was found and there was a noise between floors, the entrance was opened in front of the entrance, and the victim said the entrance was opened to the victim as a large interest interest, such as “Isia, Sick, Sick, Sick, Sick, Sick, Sick, etc., by opening the entrance before the entrance.”

Accordingly, the Defendant threatened the victim with any harm to the victim’s life or body as seen above.

Summary of Evidence

1. The Defendant’s partial statement E, witness E, cell phone images CD (No. 9), and video CD (No. 19) [referring to the threat of harm and injury likely to be drinking to the extent that it restricts or interferes with the freedom of a person’s decision-making and execution.” The threat of harm and injury is sufficient if it is sufficient to have the other party aware that the other party would have a harm and injury through speech or behavior even if the threat of harm and injury does not necessarily mean explicitly. It is sufficient to deem that the horses and behavior of the Defendant known through the images taken at the time would have the other party awareness that he/she would inflict harm on his/her body and property. Accordingly, the Defendant’s act constitutes a crime of intimidation.” The Defendant’s act constitutes a crime of intimidation.

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

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

1. Probation Act;

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제283조 제1항

유사 판례

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-대구지방법원 포항지원 2018.01.10 2017고단1019

-대구지방법원 김천지원 2016.05.27 2015고정690

-서울북부지방법원 2016.10.28 2016노1377