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(영문) 인천지방법원 2020.09.23 2020고단4099
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 06:10 on April 2, 2020, the Defendant suffered special damage to the victim B, D, and C, and the special intimidation: (a) around 06:10 on April 2, 2020, on the ground that the victim B (here, 80 years of age) before Gyeyang-gu Incheon Gyeyang-gu (here, 80 years of age) stolen the Defendant’s money, and (b) on the victim B, D (ma, 51 years of age), C (n, 48 years of age), the residence of the victim B, C (n, B, and C (n, 48 years of age), was located in the front beer glass and the subsequent kitchen glass of the E-Lphohoho Lake, which is a dangerous object, and was accompanied by the victim’s dwelling door, the victim’s front door and the string, which is a dangerous object, at the time of the victim’s death.”

Accordingly, the defendant carried dangerous articles, and thereby, damaged the victims to receive the amount of non-repair costs, and threatened the victims by carrying dangerous articles.

2. The Defendant: (a) destroyed the special property damage to the Victim G, on the ground that the victim G (Nam, 56 years of age) was friendly with the victim B at the time and place specified in paragraph (1), and carried about five Gu slves in the above E-Ba H H glass window, which is the victim’s residence, on the ground that the victim G (Seoul and 56 years of age) was friendly with the victim B.

Accordingly, the defendant carried dangerous articles and damaged the amount of property owned by the victim so that the amount of repair cost is not the amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police report of G and D (Evidence Nos. 1, 9, 12) and application of Acts and subordinate statutes governing damaged photographs;

1. Articles 369(1) and 366 of the Criminal Act concerning the relevant criminal facts, and Articles 284 and 283(1) of the Criminal Act concerning the relevant criminal facts;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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. Probation under Article 62-2 of the Criminal Act;

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by rejecting an application for compensation order;

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