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(영문) 창원지방법원 진주지원 2017.01.26 2016고합62
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

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

The Defendant previously expressed his mind that the Defendant reported to sell alcoholic beverages in a singing practice room, thereby threatening the Victim to threaten the Victim.

1. On December 28, 2015, the Defendant sent the victim’s text message using a mobile phone at the singing practice room operated by the Defendant at Jinju-si around 19:10 on December 28, 2015, stating that “I am ky’s ky’s 7 human beings were killed, and ky’s ky’s ky’s k’s ky’s ky’s ky’s ky’s ky’s ky’s ky’s ky’s ky’s ky’

In other words, it was notified that the victim would be able to find a new physical injury.

2. On December 29, 2015, the Defendant sent a text message to the victim using a mobile phone at the same place as above, stating that “I will find dancing in N.I.D., and some I.D., I would like to say I would like to say I would like to say I would like to see I.D., I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to say I would like to find I.

In addition, the victim was notified that the victim would be insulting.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation by reporting the victim to the police in relation to the investigation of his criminal case more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (as to attachment of photographs);

1. Contents of text messages;

1. Application of the Acts and subordinate statutes to the complaint;

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 (including inclusive) of the relevant Act;

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

1. Grounds for sentencing under Article 62 (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. The scope of the recommended sentence based on the sentencing guidelines [the types of decisions] the group of violent crimes, intimidation, and the five types (Intimidation for Purpose of Retaliation) [the person subject to special sentencing] shall not be subject to punishment: the person is not subject to punishment.

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