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(영문) 수원지방법원 2014.01.10 2013고합567

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 14, 2013, the defendant was arrested in the act of committing the crime that the defendant damaged the victim C(the age of 43)'s motor vehicle and assaulted the victim, and was waiting for being examined at the police box of Suwon-si, Suwon-si on July 14, 2013.

The Defendant, at that time, threatened the victim who was making a statement of damage, with the view to preventing the victim from making any statement in relation to the investigation of his criminal case by stating that “I am hyer, I am hye, I am hye, I am hye. I am hye. I am hye. I am hye. I am hye. I am hye

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. 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. Judgment on the assertion of the accused and the defense counsel under Article 59(1) of the Criminal Act

1. The summary of the assertion is true as stated in the facts of the crime in the judgment of the Defendant, but it is nothing more than a intimidation for the purpose of preventing the statement of damage in connection with the investigation of his criminal case, not a intimidation for the purpose of preventing the statement of damage.

2. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides a criminal investigation team, such as a complaint or accusation, in relation to the investigation or trial of a criminal case against a person himself/herself or another person, with a view to preventing the provision of a criminal investigation team, such as a complaint or accusation, statement, testimony or submission of data, or preventing the submission of a criminal investigation team, such as a complaint or accusation, or cancelling a criminal complaint or accusation, or making a false statement, testimony or submission of data submit a false statement or accusation, requires the criminal punishment to be imposed by imprisonment for a more than one year under the Criminal Act.