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Reasons
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(영문) 창원지방법원 2015.11.05 2015고합203
특정범죄가중처벌등에관한법률위반(보복협박등)등
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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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2015, at around 19:00, the Defendant filed a complaint with the victim D(71) to the effect that “the Defendant was at the time when the Defendant was the victim on May 21, 2015,” and that “I have died of Nara, Ba, and Ba, I have died. I have filed a complaint with the police, and the entrance was accompanied by a glass and a shock network so that the repair cost equivalent to approximately KRW 80,000,000 in the number of vehicles.”

As above, the Defendant threatened the victim with the purpose of retaliation against the investigation of his criminal case, and damaged the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of victim D and E;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than six years; and

2. Application of the sentencing criteria;

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment, etc. of Specific Crimes) [Determination of Punishment, etc.] violent crime group, intimidation crime, Type 5 (Intimidation for Purpose of Intimidation) [Special Convict] mitigated element: There is no penalty source, aggravation element: [Recommendation field and scope of recommendation range] mitigated range, imprisonment from April to April 1.

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