특정범죄가중처벌등에관한법률위반(보복협박등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
In relation to the investigation of another person's criminal case, the defendant shall not threaten the victim E, who is believed to have been operating the above complaint case in the vicinity of D, with the intention of evading the purpose of retaliation or retaliation against the statement or in order to avoid the complaint. However, the defendant, through the omission between C and C, listened to the difficulty of C due to the complaint from D, and tried to put the victim E, who is believed to have been operating the above complaint case in the vicinity of D, with the intention of avoiding the purpose of retaliation or the complaint.
Accordingly, at around 15:00 on March 8, 2013, the Defendant called the victim’s Handphone, and threatened the victim with the purport that “if the Defendant was aware of the width office, whether he was in the inside of the width office, would find it a width one time between the boms, and if he was the same as the boms, he would return to all the boms, return to the country, and make the greatest boms to the boms, and even if he was prepared for the boms, he would be hump on the part of the C. Thus, the Defendant was detained.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to each investigation report (including submission of a record of recording, specific suspect, submission of a list of currencies, result of case search, judgment, and written opinion of the suspect C police of the same case as this case);
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) is [the scope of the sentence] 6 months to 15 years (the decision of the sentence] from 6 months to 15 years (the decision of the sentence), violent crimes, intimidation, and intimidation (the purpose of the sentence) of the suspended sentence. The person with a special penalty is not guilty.