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(영문) 인천지방법원 2019.08.27 2019고단4737
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. At around 18:00 on June 21, 2019, the Defendant: (a) deemed that noise from the next house of the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu B building C was fluording alcohol at the Defendant’s house; (b) on the other hand, the Defendant opened and intruded a string door ( approximately 33 cm in total length, approximately 20 cm in blades) which is dangerous object to resist the victim D (the victim’s age 32).

Accordingly, the defendant infringed upon the victim's residence while carrying dangerous objects.

2. The Defendant: (a) invadedd the Victim’s house at the time and place as described in paragraph 1; (b) knife the knife, which is a dangerous object; and (c) threatened the Victim by taking the knife’s knife and knife the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as photograph of criminal implements;

1. Relevant Articles 320 and 319 (1) of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act (Special Intimidations and Selection of Imprisonment) of the same Act concerning criminal facts;

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 on the suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 2011>

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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