logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.12.15 2017고합242
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 21, 2017, the Defendant had been investigated by the police due to the thief reporting of the victim C (V, the age of 34) who was sexually female-friendly arrest, and attempted to take a retaliation against the victim with respect to his character.

피고인은 2017. 5. 22. 20:42 경부터 다음날 00:19 경까지 사이에 피해자의 휴대전화로 ‘ 너 워낙 이런 연이지 중국이면 널 그냥 붇어 버려’, ‘ 법적으로 안 통하면 널 잡아 죽이고 상해 갈 거다

이 씨 발연이 너도 나 잘못 건 드렷 어’, ‘ 법대로 해보자 난 널 돈 빌려� 지 그냥 안� 어 그게 안 돼면 널 도끼 러 찍어 죽일 거다

", first, we can see that it is possible to see it as the law, so that we can see it.

By transmitting the text message “,” the victim showed an attitude that would have had any harm and injury to the victim’s life or body.

In addition, from around that time to June 16:11, 2017, the Defendant sent text messages to the victim for the purpose of retaliation against the provision of the proviso of investigation, such as accusation and accusation in relation to the investigation or trial of his criminal case at least 11 times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of C’s statement (No. 8 No. 1 of the evidence list);

1. Complaint;

1. Each investigation report (No. 3, 4, 5, 15 No. 5 of the evidence list);

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes concerning the closure of text messages;

1. Articles 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 committed respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes prescribed in the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) listed in the Table No. 11 of Crimes, the largest penalty for concurrent crimes];

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Legal provisions;

arrow