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(영문) 광주지방법원 2019.10.11 2019고합360
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

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

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

The defendant around 09:00 on February 8, 2019, around 09:0, around the residence of the victim D (V, 85 years of age) in Seo-gu, Seo-gu, Gwangju, and the preceding day.

2. 7. On the grounds of suspicion of intimidationing the victim, the Western Police Station has undergone an investigation by the victim, and thereby, threatened the victim with the victim with the voice of "Isia, the inside of the police station, the length of the victim's house, and only once a report is made, 500,000 won only if Isia, Is the victim from the police station, and will die and take prison."

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of a criminal investigation team such as a criminal complaint or accusation, statements, etc. in connection with his/her criminal case investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] for the purpose of retaliation [the category 5] for the purpose of retaliation (including a serious effort to recover damage] or for considerable damage therefrom (the scope of the recommended punishment and the recommended punishment], mitigation area of the punishment (including a serious effort to recover damage), April through April 1st [the scope of the recommended punishment revised according to the applicable sentencing] imprisonment with prison labor for six months to four months (the scope of the recommended punishment revised according to the applicable sentencing], and six months through one year and four months (the lowest limit of the sentencing range recommended by the applicable sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: 8 months of imprisonment, 2 years of suspended sentence, the crime of this case is committed between the defendant and the victim, and the case.

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