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(영문) 부산지방법원 서부지원 2017.05.18 2017고합10
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person residing in Busan Northern-gu Seoul apartment, 201 Dong 1111.

On March 26, 2017, the Defendant was notified of KRW 50,00 of the penalty due to a violation of the Punishment of Minor Offenses Act by reporting the victim’s 112 report, and on March 27, 2017, the Defendant was arrested as a current criminal subject to special intimidation by reporting the victim’s 112 report while taking a knife and walking a knife while threatening the victim’s house.

On April 9, 2017, from around 05:00 to 05:50 on the same day, the Defendant: (a) was notified of the victim’s report to the victim’s house; (b) was accused of a criminal charge; and (c) was knife (19.5cm in length on the knife) knife (19.5cm in length) which is an object dangerous at the Defendant’s house; and (d) was walking the knife in the knife of the knife and discarded to the knife.

The knife shall be cut once.

Ma. L. L. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L

“Fastly sound”.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the victim's 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. 112 A list of reported cases;

1. A copy of a penalty payment notification, a copy of the criminal brief, or a copy of the arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to deadly weapons photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. It is recognized that there is a habitive behavior that consumes alcohol to the defendant in full view of the defendant's testimony at this court and the police, the victim's statement at the police, etc., and that there are several violent crimes even before the defendant committed the crime in this case.

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