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(영문) 서울북부지방법원 2015.11.13 2015고합242
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2015Gohap242]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Duplicative Intimidation, etc.) the Defendant married the victim C (V, 60 years of age) and 1979, but was divorced on May 1, 2015, and was living in the same house as the victim after divorce.

On July 28, 2015, at around 21:00, the Defendant was arrested by a police officer who was assaulted and reported on a victim at the residence of the accused in Dongdaemun-gu Seoul, Dongdaemun-gu and was arrested as a flagrant offender and received investigation, and the Defendant was frightened to the victim.

피고인은 2015. 8. 1. 17:25경 위 주거지에서 피해자에게 “씹할 년, 짝짝 찢어 죽여 버리겠다, 칼 있으면 죽여 버리겠다, 씹할 년아, 니가 신고를 하고 그러냐”라고 말하였다.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of investigation proviso and statement in connection with the investigation of his criminal case.

[2015 Gohap245]

2. Around May 1, 2015, at least 19:30 on May 1, 2015, the Defendant, without any reason, threatened the Defendant with the Defendant’s wife, who had drinking alcohol in the Defendant’s residence in Dongdaemun-gu Seoul Dongdaemun-gu, and without any reason, had the Defendant faced with the Defendant’s head bonds of the victim C (in women, 60 years of age) who was the Defendant’s wife, who was divorced, and was pushed with the wall several times, and pushed the bridge, which is a dangerous object, with the face-to-face of the kitchen, “picker shall die in the today’s hand.”

As a result, the defendant carried a kitchen, which is a dangerous object, and shown the attitude that the victim seems to have a harm to the victim's life or body, and threatened the victim.

Summary of Evidence

【Fact 1 of the Decision 2015Gohap242】

1. Partial statement of the defendant;

1. C’s legal statement;

1. The letter of arrest of a flagrant offender (A), the investigation report, and the investigation report (verification of the details of the 112 Declaration) (the facts of the Decision No. 2015, 245);

1. Defendant's legal statement;

1. Each police statement of E and F;

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

1.Each investigation report is accompanied by field photographs and photographs of the upper part.

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