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(영문) 서울북부지방법원 2015.11.20 2015고합230
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

At around 17:50 on June 27, 2015, the Defendant, at the restaurant operated by the victim D (Woo, 54 years of age) in Jung-gu Seoul Metropolitan Government, threatened the victim with the intent of retaliationing the case that interfered with the business at the above restaurant on June 6, 2015, the victim reported the case and submitted a written application to the above restaurant, and made up the entrance of the above restaurant at the network (35 cm in total length) prepared in advance, and made up the entrance of the above restaurant to the victim “to throw away it for the same year, to death.”

Accordingly, the defendant threatened the victim for the purpose of retaliation against the provision of investigation teams, statements, and submission of data, such as his criminal case accusation or accusation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement of D police officer, protocol of police interrogation of E;

1. Each statement of the F;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Each investigation report (in cases of obstruction of duties of a suspect, copies of records of the case, hearing statements of victims, and obstruction of duties);

1. Application of the existing Acts and subordinate statutes to one seized network (No. 1);

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

1. The scope of the recommended sentence according to the sentencing guidelines (a decision of type), the range of the recommended sentence [a decision of type], the group of violent crimes, intimidation, the range of punishment (a person subject to special mitigation] [a person subject to a mitigated sentence], the area of mitigation [a person subject to a mitigated sentence], the area of imprisonment with prison labor for not less than four months but not more than one year and not more than four months [a person subject to a corrected recommendation sentence] for not less than six months and not more than one year and four months

2. The Defendant, who has already been sentenced to criminal punishment for three times of violence, uses the victim for the purpose of retaliation against the report of a case obstructing the business of a restaurant.

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