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(영문) 인천지방법원 2019.05.23 2018고합838

특정범죄가중처벌등에관한법률위반(보복협박등)

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

On November 1, 2018, from around 20:15 to 21:15 of the same day, the Defendant reported the Defendant as the assault charge, and found the complaint against the Defendant, thereby threateninging the victim to the effect that “I will die at the same knife rate as the bit of bit of bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (investigation of a person under investigation, investigation of this case, attachment of a summary order to the defendant);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The gist of the assertion is to recognize the fact that the defendant threatened the victim as stated in the facts charged, but is not aimed at retaliation.

The defendant's breathing or breathing in alcohol in B is not only a victim but also a group of people in B.

At any time, the Defendant repeated the above acts in B, and even before the victim arrives at the scene on the day of the instant crime, the Defendant was doing such acts.

따라서 피고인의 협박은 형사입건에 대한 보복 목적이 아니라 단순한 반복적 주사(酒邪)에 불과하다.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is reasonable to view that the Defendant threatened the victim for the purpose of retaliation against the Defendant’s reporting to the police.

1 A victim shall report to the defendant on 2018.