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(영문) 청주지방법원 2014.09.11 2014고합102
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

Defendant shall be punished by imprisonment for two years and by a fine of 100,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant was sentenced to a suspended sentence of three years for property damage, etc. at the Cheongju District Court on one year and six months, and was sentenced to one year of imprisonment with prison labor at the Cheongju District Court on September 6, 201, which became final and conclusive on February 9, 2012, and the said sentence became null and void due to the invalidation of the suspended sentence. On November 18, 2013, the Defendant committed each of the following crimes under the condition that he/she lacks the ability to discern things or make decisions due to stimulative disorder, proof of alcohol existence, etc.:

1. As examined in Section 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the prosecutor stated the name of the crime in the indictment as "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-9 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and Article 257 (1) of the Criminal Act. However, in light of the title, contents, etc. of this part of the facts charged, it is obvious that the above crime and applicable provisions are clerical errors, and punishing them for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., are punished as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and ultimately, the prosecutor indicted this part of the facts charged as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (see, e.g., Supreme Court Decisions 200Do6113, Feb. 23, 2001; 75Do36.14.

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