특정범죄가중처벌등에관한법률위반(보복협박등)
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
On July 11, 2019, the Defendant got a summary judgment of KRW 100,00,000,000,000 due to the victim’s report, and was punished by the victim’s report, at the D convenience point of operation of the victim C (n, 51 years of age) located in Daegu-gu, Daegu-gu, 2019.
At around 08:20 on September 24, 2019, the Defendant threatened the victim with any harm to the victim’s body by stating that “Isk was punished by the police for reporting. Isn’s report to the police that Iskn’s report would be 10,000 won. Isn’s report to the police that Iskn’s report would be 10,000 won.”
Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation orders related to the investigation of his criminal case.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to each investigation report (including the sequence 4, 5, 8, 12 of the evidence list, and each accompanying material);
1. Grounds for sentencing under Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act with respect to the crime;
1. The scope of punishment by law: One to thirty years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be the scope of the recommended punishment according to the sentencing guidelines (the category 5) and the purpose of retaliation [the scope of the recommended punishment and the recommended punishment], the basic area of the intimidation [the scope of the recommended punishment], the term of 10 months to 2 years [the scope of the corrected recommended punishment according to the applicable sentencing guidelines], one year and 2 years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the statutory minimum limit of the applicable punishment).
3. Determination of sentence: Imprisonment with prison labor for a year, the defendant recognizes and reflects the crime;
The extent of intimidation made by the defendant to the victim is important.