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(영문) 대구지방법원 2017.11.16 2017고단3092
특수협박등
Text

A defendant shall be punished by imprisonment 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 2, 2017, the Defendant infringed upon a residence of the victim D (V) located in Daegu-gu, Daegu-gu, about 22:45, when the Defendant came to a multi-unit house, “E” which is a residence of the victim D (n, 56 years of age), the Defendant opened the above entrance by dividing the password of the joint entrance known in advance, and opened the entrance to the front stairs of 202, the house of the victim, who was waiting for the victim, went home while the victim was waiting for the victim, and told the victim “I am home, I am back, opening the door, opening the door, Ga, and Ga, I am back, I am the victim’s shoulder by hand, and sealed the victim into the victim’s residence against the victim’s will, thereby infringing on the victim’s residence.

2. Special intimidation and special property damage Defendant: (a) enter the victim’s house at the time and place specified in Paragraph 1 as above; and (b) knife a knife (31cm in total length, 20cm in length on the day), which is a dangerous object from the victim’s house on the ground that the victim does not drinking the Defendant; and (c) knife the victim’s knife as the victim’s knife with the victim’s knife with the victim’s knife.

The market price of approximately KRW 700,00, which is the victim's possession in the ward with the above-style knife, threatened the victim once by threatening the victim, and caused to tear about 20 meters.

The defendant, carrying dangerous articles, threatened the victim, and damaged the victim's property.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 284, 283(1) (the point of special intimidation) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, and each 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. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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