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(영문) 부산지방법원 2017.07.21 2017고합296
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 25, 2017, the Defendant received a summary order of KRW 2,00,00 as a special crime of assault against the suspicion of assault by setting up sublime cans to the wife D of the victim C ( South, 70 years of age) who operates B Schlage in Busan District Court (hereinafter “C”), and setting up two million won of the charge of assault.

At around 18:20 on May 10, 2017, the Defendant: (a) held a food blade (the total length of 32 cm and 20 cm), which is a dangerous object in custody of the victim’s wife, and found it to be B Scer in Busan Jin-gu, Busan, which is operated by the victim, and carried it into the victim’s seated with B Scer in Busan Jin-gu, Busan; and (b) accumulated the above food blade with the victim who was seated in the seat of the vehicle, and “I do not resolve the occurrence of a fine, if I do so, I do so.”

As a result, the defendant carried a knife, which is a dangerous object for the purpose of retaliation against the provision of investigation proviso or the statement in connection with the investigation of his criminal case, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (in overall respect of the initial measure and a report on the confirmation of motive criminal cases);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 284 of the Criminal Act, Article 283 (1) of the Criminal Act, Article 283 of the Criminal Act, and Article 283 (1) of the Criminal Act, as to the crime (a point of special intimidation);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is more severe);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. Scope of the recommended sentencing criteria; and

A. Class 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of recommending punishment) is a violent crime (the purpose of retaliation).

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