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(영문) 의정부지방법원 고양지원 2014.01.24 2013고합169

특정범죄가중처벌등에관한법률위반(보복협박등)등

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

1. On May 1, 2013, around 18:30 on May 1, 2013, the Defendant: (a) the victim C (the age of 49) reported the Defendant to 112 due to a criminal act, such as intrusion upon residence; (b) became a criminal suspect in the D District at the Yongsan Police Station D District; (c) the victim was frightd with the victim; and (d) asked E, who was aware of usual gas, to get the victim to get off the apartment in the future; but (c) when the victim requested E to get off the apartment, the victim was invaded upon the victim’s residence by entering the victim’s house first, after entering the victim’s house, via the opening entrance.

2. On May 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) violated the said Act, at around 18:30 on May 1, 2013, and threatened the victim by taking the attitude of walking the victim’s face and breast part of the body of the victim, i.e., walking up to 112 in relation to the investigation of the criminal case by the Defendant and reporting it to 112 in relation to the investigation of the criminal case.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and G;

1. Investigation report (12. List of reported cases);

1. Application of Acts and subordinate statutes concerning the recording of statements;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes), whichever