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(영문) 인천지방법원 부천지원 2020.04.07 2019고단3800
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim C(48 years of age) and is known to him while working with the victim C(48 years of age).

On September 2019, the defendant argued with B on September 2, 2019, and the defendant was living in the victim C in Kimpo-si D.

1. The Defendant, while finding the whereabouts of B, was doubtful that he would be accompanied by the victim’s residence, left the victim’s place of residence, and put a transition (10.5 cm in knife length) which is a dangerous object into a plastic knife box.

On September 22, 2019, around 22:50, the Defendant found the appearance of the victim and B in front of the apartment that the said victim is living. Through the corridor window, the Defendant discovered and shooted the appearance of the victim and the victim, and possessed a transition (10.5cm in blade length) that is the dangerous object as above, and went into the opening and opening of the apartment corridor window of the victim.

2. The Defendant: (a) invadedd the victim’s residence at the same date, time, and at the same place as described in the foregoing paragraph (1); and (b) duplicating the victim’s excessive excess, which is a dangerous object previously possessed; and (c) threatened the victim with the brush.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as site and photographs of damage;

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;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant prepared excessive materials, which are dangerous things, and opened and intruded the victim’s apartment corridor and threatened the victim with the above excessive materials. The fact that the method of crime and the nature of the crime are bad is that the Defendant is disadvantageous to the defendant.

However, this case.

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