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(영문) 창원지방법원 2020.12.03 2020고단3025
특수협박등
Text

A defendant shall be punished by imprisonment for one year.

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. Special intimidation: (a) the Defendant, while having been dissatisfied with the problem of parking in the apartment parking lot by a person, who is not a ordinary resident, was under the influence of alcohol; and (b) found the victim B (the representative of the apartment resident) who was the resident of the apartment, intended to “Choe”, etc.

On September 6, 2020, the Defendant: (a) at the toilets adjacent to the Changwon-si's window C Apartment D apartment guard room around Changwon-si, Changwon-si, on September 6, 2020, in order to verify the situation of apartment parking problems, the victim, who met the head of the head of the head of the head of the head of the security office, dives the gap in the defense of the apartment parking issues, refers to the difference of the head of the head of the security office, and then the victim’s rears the other victim, “Choe. Ba. Ba. Ba. Ba. Ba.” The Defendant threatened the victim’s interest.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On September 6, 2020, the Defendant: (a) destroyed special property by putting the transition (21cc in total length, 8cc in length) that is a dangerous object at the above Ddong Guard room (21cc in total) on his hand; and (b) destroying the 50,000 won of the repair cost by walking the entrance of the guard room.

Accordingly, the defendant carried dangerous articles and damaged the property managed by the victim C Apartment Management Office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. 112 Reporting case management table;

1. Records of seizure and the list of seizure;

1. Written estimate of each photograph;

1. Application of Acts and subordinate statutes to each investigation report (No. 3,9,12,15,18,26)

1. Relevant Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Articles 366 of the Criminal Act, the choice of imprisonment for a crime;

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. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant had been sentenced to a fine relating to violence two times even before the instant case, and the instant crime is deemed to be bad and dangerous.

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