logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2021.03.10 2020고단4539
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who attended the Defendant from around December 9, 2019 to around October 2020 with the Victim B (V, 22 years of age) and from around December 9, 2019, and was hedging.

1. On October 26, 2020, around 06:00 on October 26, 2020, the Defendant found the victim’s residence under the Dobong-gu Seoul apartment house and D, which is the victim’s residence, but the present door password was changed, and the victim was waiting at the victim’s parking lot adjacent to his residence on his own thought that the victim would not open the door.

around 11:06 on October 26, 2020, the Defendant: (a) while waiting as above, entered the victim’s residence; and (b) upon the delivery center, the Defendant entered the victim’s residence, and (c) went into the victim’s residence through the entrance door to receive food delivery, and infringed upon the victim’s residence.

2. A special intimidation: (a) on October 26, 2020, the Defendant invaded the said victim’s residence as above, and threatened the victim with “Bio Ba”, and “Bio Ba”, “Bio Ba,” and “Bio Ba,” the victim’s seat, in which E, who was the victim’s seat, was in possession of the Defendant, was deprived of the dangerous object (11cm in length, 22cm in length, 30 seconds in length, 11cm in length, 22cm in length).”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written statements of the F and E;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (in relation to the submission of the details of letters on the victim's Pestes North Korea and the DNA code, and the submission of a statement of 112 reported cases to the victim's 112 new and old cases);

1. Application of the Acts and subordinate statutes governing seized objects;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 suspended execution;

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;

1. The defendant with reasons for sentencing under Article 48(1)1 of the Criminal Act is the victim.

arrow