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(영문) 의정부지방법원 2016.05.27 2015고단4504
협박등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On February 24, 2015, around 22:30, the Defendant: (a) expressed that, from the 1st floor corridor of the “E” remodeling construction site operated by the victim D, the victim D, in Macheon-si, the victim would not pay the remodelling construction cost; and (b) made the victim, by walking the vehicle, etc., so that the victim would have been into the bottom of the floor, and by making the victim throw away the building as soon as possible, the Defendant threatened the victim.

2. On February 24, 2015, at around 23:00, the Defendant: (a) reported that the playing victim had been together with the sponsers at the construction site; and (b) made up of the sprinks on the floor of the construction site; and (c) made a fire-fighting by setting the sprinks on the surface of the building site; and (d) in the state where the sprinks, such as the sprinking of the sprinks, spacks,

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D’s legal statement (a statement to the effect that the defendant cited the burner and d's name at the time);

1. A protocol concerning the suspect interrogation of part of the defendant by the prosecution (a statement to the effect that the defendant cited gas burner at the time of interrogation);

1. Statement made by the police against D;

1. On-site photographs (the defendant and his defense counsel asserted that there was no preliminary fact or intention of fire prevention at the time, but the defendant will throw away the building by phone to the victim D;

In full view of the facts stated, the purpose and intent of fire prevention can be recognized to the defendant, and the defendant's act as stated in the reasoning of the court below constitutes a preliminary act of fire prevention, and thus, it does not accept this part of the claim by the defendant and his defense counsel).

1. Article 283(1) of the Criminal Act (the point of intimidation and the choice of imprisonment), Articles 175 and 166 of the Criminal Act concerning criminal facts.

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