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(영문) 의정부지방법원 2017.09.28 2017고단2603
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 21, 2017, the Defendant infringed upon a residence: (a) came into the house of the victim C, No. 106 dong B, No. 1000 on May 21, 2017; and (b) opened a entrance without the consent of the victim, using the keys that had been left by living with the victim.

Accordingly, the defendant invadedd the victim's residence.

2. On May 21, 2017, at around 19:40, the Defendant damaged the property by cutting off 4 cellular phones from the gallon jum in the market value of the victim’s ownership and destroying the property by cutting off the thallon 4 cellular phone before the gallon jum in front of the gallon, even though the victim’s conversation was defective to the victim C, and the victim continued to make a telephone with D without complying therewith.

3. A special intimidation: (a) around May 21, 2017, the Defendant: (b) knew at the above D’s house that C had hedgingd with the Defendant and met with other males; and (c) threatened C with C on the ground that it interfered with C’s dialogue by entering the victim D (n, 39 years old) house and his/her own dialogue with C, which was a dangerous object stored in C’s house (the total length of 21.5 cm, 9.5 cm in length on the day) by putting in his/her hand the transition (the total length of 21.5 cm, 9.5 cm in length).

Accordingly, the victim was threatened by taking an excessive measure, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. 112 Reporting case handling table;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on the attachment of deadly weapons and photographs used for crimes);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant reflects his fault in depth, and the victims do not want the punishment against the defendant by mutual consent.

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