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(영문) 대구지방법원 경주지원 2018.09.06 2018고합50
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From the end of February 2018, the Defendant reported on April 14, 2018 to the victim D (nive, 39 years of age) and deceased, and around the same month, the Defendant reported the injury to the victim (i.e., during one’s life violence) by the victim. On the 24th day of the same month, the Defendant was issued a summary order of a fine of KRW 2 million on the 2 million, and the Defendant was fluenced.

Defendant around 14:00 on May 14, 2018, on the front of the “F” parked in E on the front of the G vehicle owned by the victim on May 14, 2018, “F”, and it is well good to create a sick person in front of the G vehicle owned by him.

D. The mother of the ambling-si and the ambling-si and ambling-si. The mother of the ambling-si and the ambling-si, stating 2,679,000 g and d. of the ambling-si.”

Accordingly, the defendant threatened the victim with the purpose of providing an investigation proviso or retaliation against a statement in connection with the investigation or trial of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on internal investigation (record of bomb violence, etc.);

1. Application of Acts and subordinate statutes to investigation report (a copy of the summary order in the case of injury to the victim);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing)

1. Application of the sentencing criteria [Scope of the recommended punishment] There is no person [the scope of the modified punishment] in the basic area (from October to two years) (the person subject to special sentencing] of the category five (the purpose of retaliation) (the scope of the corrected punishment] [the scope of the corrected punishment] from one year to two years (the lower limit of the scope of the sentence recommended in the sentencing criteria is lower than the lower limit of the statutory applicable sentencing range, and therefore the lower limit of the applicable sentencing range is set according to the law applicable sentencing range);

2. The crime of this case by which the accused, having a relation with him, threatened the victim for the purpose of retaliationing a defect in reporting a defect to the police due to violence against him, is the nature of the crime in light of the circumstances of the crime, the method of the crime, etc.

Defendant’s crime of this case.

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