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(영문) 수원지방법원 안산지원 2016.10.14 2016고합258
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

Reasons

Punishment of the crime

1. Around 16:10 on August 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) (hereinafter “Aggravated Punishment, etc.”) and threatened the victim, “I will not withdraw the reported content,” and “I will not withdraw the reported content,” when I wanting the victim for retaliation on the grounds that D (FF) reported the previous Defendant’s business obstruction to the police.”

2. The Defendant, at the same time and place as the preceding paragraph, obstructed the victim’s convenience store business by force by threatening the victim at a convenience store for about 30 minutes, such as taking the victim at a convenience store and taking a bath, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. Application of Acts and subordinate statutes of E;

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 and Article 314 (1) of the Criminal Act concerning the crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long-term punishments of each crime stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment];

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months from June to June 17; and

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: The basic area of crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment, etc. of Specific Crimes) and the category 5 (Intimidation of Terrorism) [Scope of Decision on the area of recommendation and the range of advisory punishment], and October-2 years; and

(b) Concurrent Crimes: Type 1 (Interference with Business) (Scope of Decision and Recommendation) (Interference with Business) (Scope of Decision and Recommendation) shall be the basic area of interference with business.

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