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(영문) 울산지방법원 2013.04.19 2012고합539

특정범죄가중처벌등에관한법률위반(보복범죄등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years and six months, on July 26, 2012 at the Ulsan District Court on May 4, 2012, for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the judgment became final and conclusive on July 26, 2012, during the current suspended sentence.

【Criminal Facts】

On July 18, 2012, the Defendant had been fluencing that the said judgment was rendered by the Busan High Court on July 18, 2012, with the aim of retaliationing the Defendant’s complaint filed by the victim C (or the age of 17) of the said case. From July 20, 2012 to October 20, 2012, the Defendant repeated the Defendant’s phone using public telephones for about 20 times with the victim’s cell phone, and repeated the Defendant’s phone with the “componed” without any speech.

1. On October 28, 2012, using a public telephone of the victim in Ulsan-gu, Ulsan-gu, U.S., U.S., U.S., U.S., U.S., for the purpose of retaliationing the victim by making the victim’s cell phone with the victim’s cell phone, and indicating the victim’s attitude that the victim would pose any harm to the victim’s life;

2. On October 29, 2012, on October 20, 2012, using the public telephone in Ulsan-gu E, Ulsan-gu, Seoul-gu, calls the victim’s mobile phone with the victim’s mobile phone, and, at the same time, the victim was threatened with the victim for the purpose of retaliation, indicating the attitude of “I ambl. Ba, I ambl. ambl. I ambl. I ambl.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of examination of the accused by the prosecution;

1. Investigation report (to attach voice-recording CD files);

1. Previous records of judgment: Application of inquiry reports including criminal records, and investigation reports (report attached to judgments, etc. related to return crimes) or statutes;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is heavier than that of concurrent crimes. < Amended by Act No. 11404, Oct. 29, 2012>