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(영문) 수원지방법원 2017.07.03 2016고합606
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant: (a) reported to 112 of the fact of damage that “the Defendant and D assaulted the victim; and (b) reported to 17:40 on September 4, 2016, 2016, the Defendant brought a disturbance to the victim, such as taking a part in the victim’s residence in Suwon-si E Apartment-gu, Suwon-si, Suwon-si, and taking part in the disturbance before the victim’s residence; and (c) opening the door and opening the door door to the victim “the victim was KRW 100,000,000,000,000,000 won.”

“Abundance,” and the victim’s “abundance,” shall be subject to the jurisdiction.

It is why why we will comply with the test.

"Along with the meaning of "Along with 10cm in length" consisting of the two wheel chairs of the defendant, "Along with the face of the victim", and "Along with the neck of the inside."

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Copy of investigation records of separate assault cases, written opinions, written decision not to prosecute each case, result of criminal conciliation, summary order indictment;

1. Application of the Acts and subordinate statutes to photographs, scene of crimes, and photographs of criminal tools;

1. Determination as to the assertion by the Defendant and the defense counsel under 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 regarding criminal facts

1. The gist of the assertion was that the Defendant did not pose a threat to the victim (1) and (2) was prosecuted upon the victim’s report, but the suspension of indictment was imposed, and there was no motive or reason for retaliation against the victim.

2. Seven persons guilty of a jury's verdict (seven persons): Reasons for sentencing seven persons.

1. One year to thirty years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The sentencing criteria [types] and the basic area of the five types of intimidations [Determination in the sphere of retaliation] [Determination in the sphere of recommendation] [Scope of punishment] shall be sentenced to imprisonment for 10 months to 2 years [the range of final sentencing] imprisonment for 1 year to 2 years (the lowest sentence shall be sentenced to the applicable sentencing law].

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