특정범죄가중처벌등에관한법률위반(보복협박등)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 27, 2020, the Defendant reported the victim D to the 1st cosmetic of the 1st floor of the building in Yasan City on May 27, 2020 to the effect that the victim D escaped after a traffic accident, and found the victim 's crithic alcohol'.
The inside of the inside of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the interior of the Gu.
3. When reporting;
3. Sheet:
C. The victim threatened the victim by taking a bath to “the same year as the climbage,” which is climbling business interference.
As a result, the defendant threatened the victim with the purpose of retaliation against the provision of a criminal investigation report, statement, etc. in relation to the investigation of his criminal case.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to investigation reports (verification and attachment of motion pictures submitted by a complainant), investigation reports (to hear victim's D phone statements), investigation reports (to hear victim's D phone statements), and investigation reports (to attach the 112 Report List);
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. Determination as to the assertion of the Defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below)
1. The summary of the argument is the fact that the defendant made the victim the same statement as the facts constituting the crime in the judgment, but it is difficult to view it as intimidation, and there was no purpose of retaliation like the facts constituting the crime in the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim damaged the advertisement board in front of the beauty room operated by the Defendant around May 27, 202.