2013Gohap 155 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Intimidation, etc.);

Violence

A person shall be appointed.

(b) H. (Lawsuits) and J. (Public Trial)

A. (Korean National Assembly Election)

May 24, 2013

A defendant shall be punished by imprisonment for not less than eight months.

Criminal History Office

1. Violence;

On February 26, 2013: A victim C (V, 60 years of age) located in Busan High-gu, Busan High-gu around 30: 30,000

From "Dmarging D", the victim is given KRW 100,000,000 to the victim and the victim is avoided before the day.

It is difficult to find up up until the top of the package operated by a senior female-friendly Gu and to pay the credit value.

on the ground that the disease cited was caused by the injury of the victim, and, in the future, the funeral service is rendered in the future.

b) the police is not hot, and it refers to "cat," and it refers to "cat," and it refers to "cat, food and steel plates at that place."

B was collected, and assaulted by putting the arms of the victim who was restrained.

2. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

The defendant was dispatched on February 26, 2013 after receiving a report from the victim on the same ground as paragraph (1) at around 30;

He was arrested by police officers in Busan Police Station and was investigated by the Busan Police Station and was in front of the D branch of the D branch of the police station.

The victim was found and the victim reported, and the victim was in a fluorial state on the ground that the victim reported it.

The main purpose of this Act is to cover hot silents on the floor and to cover the victim's "Ye-Ye-Ye-Ye-Ye-Ye-hakh".

(i) 19 criminal records and 19 criminal records. A person who is not good before and after his or her towing is present at the end; and

Along with the death of a person, the person is already dead when the person attempts to die.

There was no death. We can not write a string. "Woman declared."

The defendant was arrested by the police officer who was dispatched upon receiving a report and was arrested by the Busan Jin Police Station.

(2) Even after the movement of the defendant, request that the defendant refrain from dealing with the case by taking retaliation against the defendant

the victim would not be able to carry out funeral services until the end of the time. "It was said that the victim would not carry out funeral services."

Accordingly, the defendant reported the victim's assault as referred to in paragraph (1).

For the purpose of retaliation, the victim was threatened.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. All on-site photographs;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment) and the Act on the Aggravated Punishment, etc. of Specific Crimes

Article 5-9 (Use of Intimidation)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment

Punishment of Concurrent Crimes in violation of the Act on Punishment, etc. (Intimidation, etc.)

to the extent of one extent)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable circumstances deemed to be followed)

Reasons for sentencing

[Scope of Punishment] Imprisonment of six months to 16 years

[Scope of Recommendation] Imprisonment of six months to one year and eight months;

○ Basic Crimes: Crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)

[Determination of Type] violent crimes, intimidation, Terrorism (Type 5)

【Special Convicted Persons】

- Reduction Elements: Non-Mitigation of Punishment

[Scope of Recommendation] Imprisonment from April to April (Reduction Area)

○ Concurrent Crimes: Assaults

[Determination of Type] Violence Crimes, Violence Crimes, General Violence (Type 1)

【Special Convicted Persons】

- Reduction Elements: Non-Mitigation of Punishment

[Scope of Recommendation] Imprisonment from one month to eight months (Reduction Area)

○ Scope of recommended punishment revised according to the standards for handling multiple crimes: Imprisonment for 4 months (minimum limit of basic crimes) to 1

August of each year ( = 1 year and April of the upper limit of basic crimes + 8 months of the upper limit of concurrent crimes ¡¿ 1/2)

○ Scope of recommendations modified according to the lower limit of applicable sentences under the law: Imprisonment for six months to one year and eight months;

[Determination of Sentence] 8 months of imprisonment

The defendant uses violence against the victim on the ground that the victim causes a full payment of credit value.

If a police station is investigated by a report, it shall immediately leave food at the victim's shop.

the police officer called to the effect that he or she will not take advantage of, and upon receipt of another report, the police officer called to the police officer;

After moving to the earth, it means to prevent the victim from conducting funeral services, and to intimidation;

F. The nature of the crime is very serious in light of the relationship with the victim, the circumstances, method, and content of the crime.

for the purpose of retaliation on the ground that he reported himself to an investigative agency;

The crime is not only a threat to the safety of the victim, but also an appropriate conduct of state punishment rights.

Considering that there is a serious crime threatening to gymar, it is necessary to punish the equivalent severe punishment.

required.

However, the fact that all of the crimes of this case were led to the confession of all of the crimes of this case, and that their mistake is divided and reflected; and

1) (2 pages of the court investigation report No. 1) No. 1000

Each crime appears to have been committed somewhat contingently while under the influence of alcohol by the defendant.

under favorable circumstances, such as the fact that it is necessary to care for the elderly under 79 years of age who is not good in health condition, etc.

Go Other pleadings in this case, such as the age, character and conduct, health conditions, and attitude of confinement in a detention house, etc. of the defendant;

The sentence shall be determined in the same way as the order is given in consideration of various sentencing conditions.

Judge Park Jong-chul

Judge Lee Young-young

Judges Cho Jong-sung

1) On April 4, 2013, the victim stated that he/she does not want to be punished by the defendant in the course of sentencing investigation by a court investigator, but this court is actively conducted.

The defendant did not submit a document stating his intention not to punish the defendant. The above intent of the victim not to punish the victim is not stated in the Criminal Code 260.

It can not be seen as "a clearly expressed intention of the victim" as provided in paragraph 3 of this article, but it shall be considered only as a sentencing factor.