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(영문) 의정부지방법원 2019.11.22 2019고합171
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 became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendant's defense right, the phrases of the facts charged were partly revised.

On October 26, 2018, the Defendant was investigated by the Gyeonggicheon Police Station on November 11, 2018 on the charge that the victim C (n, 47 years of age) was her her her her her her her her her her her her her her her her her her her her her her her her her

At around 12:30 on January 3, 2019, the Defendant: (a) was investigated by an investigative agency at the wind before the victim's complaint was filed against the victim's indecent act of indecent act of indecent act of indecent act of indecent act of indecent act of this case; and (b) was frighted to the victim by saying, "Chewing, saluted, saluted, saluted, saluted, saluted, dead, and saluted; and (c) was frighted.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation orders in connection with his criminal case investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to investigation reports, internal investigation reports, and investigation 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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the assertion does not constitute a threat to the victim’s “a Chewing baby, salute, salute, salute, salute, and salute.”

2. Determination

A. The victim’s statement stated that “the victim reported that the Defendant entered into the B, and she was out of the store.” At this point, the victim stated that “the victim directly told the Defendant that she was “the victim was satising, satising, satis, satis, and satis, satis.”

Such statements are contents supporting criminal facts.

B. Whether the victim's statement is reliable or not.

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