logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.10.19 2016고합113
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 28, 2016, the defendant was arrested as a flagrant offender on the grounds that he assaulted the victim C (or 41 years of age) on the ground that he was committing assaulting the victim C (or 41 years of age), and was receiving investigation, and tried to avoid punishment by receiving a written agreement from

On April 15, 2016, the defendant found the victim's residence in Yongsan-gu Seoul, Yongsan-gu, Seoul, and called "to withdraw a complaint" to the victim, "I will do so. I will do so. I will do so."

Accordingly, the defendant threatened the victim to cancel the accusation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of E;

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. 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, and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than fifteen years;

2. Reduction elements of the punishment [the scope of the recommended punishment] according to the sentencing criteria shall be mitigated by not less than 1/2, since there exist not less than 6 months but not more than 1 year and not more than 4 months (the scope of the corrected recommended punishment]. In such cases, the minimum limit of the sentencing range recommended in the sentencing guidelines shall be mitigated by not less than 1/2, but in such cases, the minimum of the sentencing range recommended in the sentencing guidelines shall be mitigated by not less than 1/2, since the scope of the sentence is inconsistent with the scope of the applicable sentencing under the law, and thus the scope of the punishment is inconsistent with the scope of the applicable sentencing range under the law, and thus the minimum of the applicable sentencing range shall apply);

3. Determination of sentence: Six months of imprisonment, and one year of suspended execution, where the accused has already been punished by eight times of violence, fine, and fine for a limited term, and six times of fine, and this shall apply; and

arrow