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(영문) 부산지방법원 2014.12.12 2014고합720
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 5, 2013, the Defendant was sentenced to 10 months of imprisonment (hereinafter “instant judgment”) for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. against Victims C (Contributory and 49 years of age) at the Busan District Court (hereinafter “instant judgment”), and the Defendant completed the enforcement of the said sentence on July 24, 2014.

The Defendant, at the instant trial on June 19, 2013, was a witness, who had made a statement of damage as a witness in the trial of this case.

On October 1, 2014, around 21:45, the Defendant, at the main point in the management of the victim D located in Busan Sho-gu, Busan, the Defendant, “I am in the Republic of Korea because I am still on the part of the victim.

For instance, Native witness has been given to the court.

(u) The term “hump .....” on October 5, 2014, at the same place around 02:05 continuously, the victim is placed in a solitary manner with the victim’s “hump, saluting, saluting, saluting, and saluting, for a given period.”

In other words, "the victim's attitude seems to be harmful to the life and body of the victim" was shown.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the victim's testimony in connection with his own trial.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Recording notes;

1. Investigation report (Attachment of 112 Report List for Handling Cases);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal investigation reports (Attachment of confinement records, attachment of written judgments, repeating of repeated crimes, etc.), criminal records, etc.;

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. The reason for sentencing under the proviso of Article 35 and Article 42 of the Criminal Act among repeated offenders [the scope of punishment] 1 to 50 years [the decision of a sentence] , violent crime, intimidation, and intimidation [the purpose of probationary] of the same type [the scope of punishment] 1 to 2 years and 6 months (the decision of a sentence ] imprisonment 1 to 16 months (the decision of a sentence ] imprisonment , and 1 to 1 year and 6 months (the region where the defendant was committed). However, the defendant is against the victim's crime of interference with business.

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