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(영문) 부산지방법원 2016.06.10 2016고합231
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 4, 2016, around 22:55, the Defendant assaulted the victim D (V, the age of 57) (M, the age of 206 Dong 1316), and was arrested as a flagrant offender upon the victim’s report, and was released from the Busan Northern Police Station.

On January 5, 2016, around 02:07, the Defendant was arrested and investigated at his own house located in Busan Northern-gu, Busan, by the report of the injured party as above, and called the victim with respect to his character, and called the victim with respect to “this Chewing year. Hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

I have reported to the police station before doing so, and I have come to the police station. I have died at the house, and d. I have died.

“The victim threatened the victim with harm and injury,” such as “.”

As a result, the defendant threatened the victim with the purpose of retaliation against the reported by the victim in connection with the investigation of his criminal case.

2. On January 5, 2016, around 02:15, the Defendant infringed upon the victim’s residence by entering the victim’s house located in Busan Northern-gu C with a view to resisting the Defendant’s report as referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs and detailed statements for confirmation of communications;

1. Application of Acts and subordinate statutes to each investigation report (No. 1,8,10,11 of the evidence list);

1. Relevant 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, the point of intrusion upon residence: Article 319 (1) of the Criminal Act (the choice of imprisonment)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Sentencing Article 62(1) of the Criminal Act (The following sentencing grounds have been repeated in favor of one another).

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