beta
(영문) 수원지방법원 2020.04.17 2019고합711

특정범죄가중처벌등에관한법률위반(보복협박등)등

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. On August 17, 2019, the Defendant: (a) around 05:10 on August 17, 2019, the victim E, the owner of the main shop in Suwon-si B, and the employee of the main shop in the victim E (the age of 27), who was the employee of the main shop in Suwon-si, had the victim E face the left part of the victim E’s shoulder in front of the stairs that entered the store attached to the stop, and caused the victim E to face on the stairs rail, thereby making the victim E face about about 14-day medical treatment for about 14 days.

2. When the Defendant came to know of the fact stated in the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) that the victim E reported about 112, the Defendant attempted to threaten the victims to cancel the said report.

On August 22, 2019, the Defendant found the above C Burial at around 03:40 on August 22, 2019, and said, “I wish to leave the victim E with the lapse of that year or the time reported, and to leave knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams in relation to his criminal case investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning E’s statement in the prosecutor’s statement of D and E

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), 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. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Suspension of execution;