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(영문) 서울남부지방법원 2016.05.12 2016고합112
특정범죄가중처벌등에관한법률위반(보복협박등)등
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

Punishment of the crime

From November 22, 2015 to January 10, 2016, the Defendant found the disturbance at “E main point”, which is operated by the victim D (V, 54 years old) located in Yeongdeungpo-gu Seoul Metropolitan Government and the first underground floor, over five times, and became subject to a summary order four times under the influence of alcohol, and caused the disturbance to be raised to the victim.

At around 01:30 on March 11, 2016, the Defendant had been punished by KRW 7 million due to “this m. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

C. Death shall be discarded.

I do not agree.

“The victim had threatened the victim.”

The Defendant continued to return to the main point, and it was difficult for the Defendant to avoid disturbance for about one hour, such as fluoring bitch bitch bitch "h.h."

Accordingly, the defendant, in relation to the investigation of his criminal case, threatened the victim for the purpose of retaliation against the provision of investigation proviso, and interfered with the main business of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A statement of the F;

1. Copy of a letter of transfer or summary order;

1. Application of investigation reports (Attachment of records, such as transfer of relevant records related to the crime committed in the past against the victim of the suspect), investigation reports (verification of details of disposition of the crime against the victim D of the suspect), and statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of intimidation for retaliation) concerning the crime;

1. Reasons for sentencing of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, to the extent that the punishment is added up to the maximum of the long-term punishment of the crimes specified in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than 35 years;

2. Application of the sentencing criteria;

A. The first crime [the type of retaliation (Intimidation, etc.) against the Act on the Aggravated Punishment, etc. of Specific Crimes].

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