beta
(영문) 부산지방법원 서부지원 2019.01.10 2018고합242

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

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

Reasons

Punishment of the crime

Around August 16, 2018, the Defendant was detained on September 10, 2018, and was released on September 19, 2018, on the ground that the Victim B (here, 47 years of age) was avoiding phone call, thereby committing a crime of intimidationing the victim’s face, chest, hurry, and turb to undergo approximately 6 weeks of medical treatment by making him/her drink to drink with drinking, and on August 27, 2018, the Defendant was detained on September 10, 2018, and was released on August 19, 200 after having been sentenced to a suspended sentence of 2 years of imprisonment with prison labor for 8 months from the Busan District Court’s branch branch.

Around October 28, 2018, the Defendant, upon the report of the victim, was detained and tried to reach an agreement with the victim through the person detained, but the victim did not respond to such agreement, and threatened the victim by communicating the victim at the defendant's house located in Busan Yagu C to the victim at around October 28, 2018, and “I do not have any hysia, bad years, hysia, hysia, hysia, hysia, and hysia, hysia, hysia, and hysia, hysia, hysia, hysia, and hysia on the same day.” At around 07:28 of the same day, the Defendant threatened the victim by saying, “I will hysia without having to do so.”

Accordingly, the defendant threatened the victim for the purpose of retaliation.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Protocol of the police statement concerning B;

1. Investigation report (attached photographs of the victim's telephone list, and specification of crime);

1. The defendant and his/her defense counsel asserted that there was a fact that the defendant threatened the victim as stated in the facts charged, but there was no purpose of retaliation.

Unless there is a confession of the defendant, whether there was the purpose of retaliation against the defendant shall be provided with a letter of investigation, such as personal relation with the victim, provision of a written investigation team, etc.