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(영문) 대전지방법원 2020.06.04 2020고합88

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

The defendant is a person who lives in Seo-gu Daejeon apartment C, and the victim D (V, 70 years of age) is a person who lives in the above apartment E.

On March 25, 2019, at around 00:20, the Defendant found the house of the above victim, laid the entrance door, took a bath to the victim, and took a bath to the victim, and inflicted two weeks bodily injury on the victim's side by drinking. On June 10, 2019, the Defendant had been sentenced to a fine of KRW 1 million at the Daejeon District Court on June 10, 2019.

On October 30, 2019, at around 21:10, the Defendant sent the entrance door one time to drinking in front of the above victim’s house, and sent the entrance door one time to the head broom (2cm in length) after walking eight times due to a power failure, and expressed the victim’s desire to “Isia, Balia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia, Isia.”

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of the proviso of investigation such as complaint and accusation, and the statement in relation to the investigation or trial of the criminal case of the defendant, and damaged the entrance door owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of the 112 Reporting Report List, on-site photographs, investigation reports (investigation into an estimate due to the destruction of the entrance door at the residence of the victim), CCTV image data CDs, and the summary order statutes;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes corresponding to the relevant criminal facts, Article 283 (1) of the Criminal Act, and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes [Aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes above two crimes as provided for in the

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture.