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(영문) 울산지방법원 2020.8.27.선고 2020고단2934 판결
특수협박,주거침입
Cases

200 Highest 2934 Special Intimidations, Intrusions

Defendant

Park Jong-Defendant (Gain name) South 69.Jindy and daily workers;

Ulsan Metropolitan City Group:

Prosecutor

Term of Office (prosecutions) and Kim U.S. (Trial)

Defense Counsel

Attorney Kim* (Korean Charter)

Imposition of Judgment

August 27, 2020

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal History Office

On March 6, 2018, the Defendant was sentenced to one year of imprisonment for the obstruction of performance of official duties by the Ulsan District Court, and completed the execution of the sentence in the port prison on January 19, 2019.

The defendant and the victim's loss (one, half, and fifty years of age) begin with a school system around May 2019 as a tobacco relationship, and they came into existence around January 202.

1. Intrusion upon residence;

On May 23, 2020, the Defendant opened a door in order to enter the house of the victim in Gyeyangsan city, but the victim did not open the door, and the Defendant opened the gas pipe installed on the outer wall and opened the window up to the kitchen of the victim and intruded on the residence of the victim.

2. Special intimidation.

On July 5, 2020, the Defendant, while drunk around the new wall, visited the victim’s house located in Gyeyangsan-si and tried to enter the house of the victim, but the victim did not open the door, and was crashed to the gas pipe in the same manner as the mentioned in the foregoing paragraph (1) and was sent back to the hospital, the Defendant, on the ground that the victim did not go to the hospital, caused the victim to be fluened.

피고인은 같은 날 12:20경 위 피해자의 집에 찾아가 피해자에게 "죽이겠다 같이 죽자 씨발년 니 같은 년은 살 필요가 없다 119에 실려가는 것을 보고도 따라오지 않고"라고 말하며 그곳 부엌 싱크대 안에 있던 위험한 물건인 식칼(총 길이 34cm, 칼날 길이 21cm)을 가지고 와 피고인의 배에 가져다 대고 "니가 내 얘기를 들어주지 않으니 내 속을 갈라서 보여줄까"라고 말하며 식칼로 피고인의 배를 가르는 시늉을 하여 자해를 하는 듯한 태도를 보여 피해자를 협박하였다.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 284 and 283(1) of the Criminal Act (special intimidation) of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), the choice of imprisonment for each sentence of imprisonment.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The crime of this case with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by the defendant on the ground that the victim does not have the right to request the victim's house, and the victim intrudes the victim's house on the ground that he does not have the right to request the crime, and intimidation the victim's knife knife that the victim did not find his house even thereafter, as if he did not harm the victim's own house, and the crime is not very good, and the defendant has been punished several times by imprisonment, suspension of execution, fine, etc., and the crime of this case is committed without mind even though it is a repeated crime period, it is necessary to keep the victim's knife from the defendant's office before and after the crime of this case and to keep the victim's knife knife from the crime of this case in light of the following circumstances: see, e.g., the defendant's knife knife of the victim's k.

Judges

Judges fixed-term

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