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(영문) 수원지방법원 평택지원 2017.07.07 2017고합56
특정범죄가중처벌등에관한법률위반(보복협박등)등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2016, the Defendant: (a) committed assault against the victim on the street in front of Ansan City, on the ground that the victim D (n, 46 years of age) expressed the victim’s desire to do so; (b) the victim was faced with the head on the floor by pushing the victim in his/her finger hand; and (c) the victim was fluened by assaulting the victim, such as taking the victim’s boom on the part of the victim; and (d) continuously, the victim was fluened by assaulting the victim on the part of another victim on his/her part, thereby resulting in the victim’

2. The Defendant of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and special intimidation on December 14, 2016, as indicated in paragraph (1) of the same Article, was present at the Ansan Police Station at the risk of assaulting the victim D (the age of 46) on the charge of assaulting the victim D (the age of 46) on December 14, 2016, and was subject to an investigation, the Defendant took an appearance of the victim and was in the investigation. On December 15, 2016, the Defendant took away the transition (the total length of approximately 23 centimeters, approximately 12 centimeters in length), which is an object dangerous to the gathering of F in Ansan-si, Ansan-si, Around December 15, 2016, and found the victim, who was in F along with the victim, with the victim “as the total length of approximately 23 centimeters and approximately 12 centimeters in length, dead and dead.”

As a result, the defendant threatened the victim for the purpose of retaliation against his statement in relation to the investigation of his criminal case, and at the same time threatened him with dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. On-site photographs and copies of medical records;

1. Application of seizure records and statutes concerning the list of seizure;

1. Articles 262, 260(1), and 257(1) (a) of the Criminal Act regarding the crime in question; Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 283(1) (a) of the Criminal Act; Article 284 of the Criminal Act; Article 283(1) of the Criminal Act; Article 283(1) (a) of the Criminal Act; Article 283 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the special intimidation are more severe.

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