logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.02.05 2015고합479
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

Seized one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. The victim C destroyed the surface of his/her vehicle around September 22, 2015 by violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory, etc.) and special intimidation

On November 14, 2015, around 18:50 on November 14, 2015, the victim's "E" located on the Gangseo-gu Seoul Metropolitan Government D and 1 floor was used as a hiver (m, No. 38 m, No. 1 in length) that is a dangerous object prepared in advance, and the victim expressed the victim's desire, such as "Choe, Ei, Ei, Gi, and Giki", and two times.

As a result, the defendant carried a dangerous object with the aim of retaliation against the provision of the proviso to investigation in relation to the investigation of his criminal case.

2. On November 15, 2015, around 08:30 on November 15, 2015, the Defendant: (a) was investigated by the police due to the suspicion of intimidation of the victim at the same place as the preceding paragraph (1) above; (b) was fluencing the victim; and (c) was fluored with garbage bags containing glass bottles, etc.; and (d) broken the market price of KRW 300,000.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the investigation of CCTV at the scene of crime, the attachment of photographs damaged by glass windows and video recording CDs, attachment of net pictures and estimates for damage, attachment of a document describing the processing of the reported case, and telephone listening reporting);

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crimes of special intimidation are more severe.

arrow