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(영문) 의정부지방법원 2017.03.10 2016고단4463
협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:52 on March 26, 2016, the Defendant embezzled the funds of the aforementioned D factory operated by the Defendant at the office of the D factory located in Spocheon-si, Spocheon-si, on the ground that the economic damage suffered by the Defendant was not recovered, the Defendant sent the victim the victim’s text message “I am dead, I am for this weather,” “I am for this weather,” “I am for death,” and “I am for death.” From that time to August 8, 2016, the Defendant threatened the victim by sending the text message more than 206 times in total, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning the closure of text messages;

1. Relevant Article 283 of the Criminal Act and Article 283 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of each crime of intimidation (the scope of recommended punishment) (the basic area of intimidation shall be two months to one year);

2. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than two months from one year to ten months; and

3. Determination of sentence: Determination of sentence of imprisonment with prison labor for four months, one year of suspended sentence, and one year of suspended sentence; the liability for the crime is not minor in light of the contents, frequency, etc. of the crime in this case; the crime in this paper is a crime during the suspended execution period; and the victim’s intimidation seems to continue to commit the crime in this case even after the crime in this case was investigated and tried; there are some other circumstances to take into account in light of the circumstances and circumstances; and the victim does not commit such crime again.

The punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that it takes place, and other various sentencing conditions.

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