Intimidation, promotion of use of information and communications networks and information report

Violation of the Act on the Protection, etc. and Intrusion into Buildings

Residence

Reference domicile

【Criminal Power】

On May 28, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Changwon District Court due to the crime of preliminary fire prevention, etc., and completed the execution of the sentence on April 28, 2016. [Criminal Facts]

around October 28, 2008, the Defendant unilaterally sought a sexual intercourse with the victim by finding the victim as a guest in the 'A's 'A' which is located in Kimhae-si operated by the Victim Kim 00 (A, 48 years of age), and demanded the victim to unilaterally have a sexual intercourse with the victim. On or around October 28, 2014, the Defendant attempted to go against the said letosp on the ground that the victim refused it, and on April 28, 2016, sentenced the victim to imprisonment with labor and six months, and completed the execution of the sentence on April 28, 2016.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

피고인은 2016. 4. 28. 위와 같이 출소하자마자 피해자가 위 사건과 관련하여 피해자로서 진술을 할 당시 강간 피해도 입었다고 진술을 한 것 때문에 위 사건 양형에 불리하게 작용한 것으로 생각하고 이를 보복하기로 마음먹고, 같은 날 21:00경 피해자가 운영하는 위 'A' 레스토랑에 찾아가 피해자에게 "그때 왜 성폭행까지 나를 고소했느냐? 그것 때문에 일찍 나오지 못했다, 사과해라, 내가 거기 안에서 얼마나 많은 것을 배워 왔는줄 아느냐? 반검사 판사가 되어 나온다, 너만 똘똘 말아서 감옥 집어넣을 수 있는 방법도 안다"라고 말하여 피해자가 "사과를 하지 않겠다"고 하자 "두 번 다시 교도소는 가기 싫다, 끝장을 보자"라고 말하며 그곳 테이블 위에 있던 유리잔을 집어 들고 마치 피해자에게 던질 듯이 들었다 놓았다 반복하며 유리잔으로 테이블을 수회 내리치고 발로 테이블을 걷어차는 등 마치 피해자에게 위해를 가할 것 같은 태도를 보여 피해자를 협박하였다.

2. Violation of Information and Communications Network Utilization Promotion Act.

At around 22:00 on April 28, 2016, the Defendant: (a) called the victim’s phone calls to the victim, and then, (b) the victim refused to answer the call, and (c) the victim refused to do so until the end of the forum, and (d) told the victim to go extremely? In addition, from around that time to June 25, 2016, the Defendant sent a phone call or text message to the victim 18 times in total, as shown in the attached crime list, and then sent a text message to the victim, the Defendant was able to be called as a criminal offender. The Defendant sent a phone to the victim during a total of 18 times, as in the attached crime list from around that time to June 25, 2016.

3. Intrusion a structure;

On June 24, 2016, the Defendant reported to the police about the facts constituting the crime set forth in paragraphs (1) and (2) above, and received a warning from the police officer in charge to speak to the above Lestocs in the future. However, around June 27, 2016, the Defendant got a need for appearance from the police officer in charge of the Kimhae Police Station affiliated with Kimhae Police Station in relation to the investigation of the facts constituting the crime set forth in paragraphs (1) and (2) above. On June 27, 2016, the Defendant went into the above Lestocs to ask the victim for the instant horse on or around June 27, 2016.

Summary of Evidence

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act, Article 74(1)3, and Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (in combination, the arrival of the language causing fear of fear or apprehensions), Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act [Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) has been completed on April 28, 2016]

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes, which are the largest punishment, within the scope of the proviso of Article 42 of the Criminal Act]

1. Reasons for sentencing: Imprisonment with labor for one year to 50 years;

2. Application of the sentencing criteria;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

[Determination of Punishment] Aggravated Crime Group, Intimidation, Intimidation for Retaliatory (Type 5)

[Special Aggravationd Persons] Aggravationd: The motive for the commission of the crime

[Recommendation and Scope of Recommendation] Aggravation, Imprisonment with labor for one year to two years and six months;

B. The sentencing criteria for the crime of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection and Information Protection are not set

(c) Scope of recommending punishment based on the standards for handling multiple crimes: Crimes for which the sentencing guidelines have been set for not less than one year of imprisonment and crimes for which the sentencing guidelines have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act, so only the lower limit of the scope of sentencing is set according to the sentencing guidelines

3. Determination of sentence: The crime of this case in two years and six months of imprisonment has been committed by the defendant with the purpose of retaliation and has repeatedly reached the text that arouses fears fears or apprehensions of the victim several times. Since then, when the victim reported to the police on the intimidation of the defendant, the crime was committed in violation of the victim's structure without permission, and the crime was committed in light of the circumstances and methods of the crime. In addition, even if the defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a deadly Bodily Bodily Bodily Bodily Bodily Bodily Injury, etc.) against the victim, it is inevitable to punish the defendant as soon as the execution of the sentence has been completed, and it seems that there is a considerable concern about recidivism

However, the circumstances favorable to the defendant are that the defendant's mistake is recognized, and the degree of intimidation of this case is relatively heavy.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, the punishment as ordered shall be determined.