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(영문) 대전지방법원 2020.06.12 2020고합89
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

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

On October 11, 2012, the Defendant was sentenced to seven years of imprisonment for rape, injury, etc. at Daejeon District Court, and the judgment became final and conclusive on February 14, 2013.

On February 2013, 2013, the Defendant stated damage in the course of the investigation by the victim B (hereinafter referred to as the "victim B") in Daejeon Keong-gu, Daejeon, Seosung-gu, Daejeon, No. 66-ro, 66 years of age, and was sentenced to 7 years of imprisonment for the above case, the Defendant was sentenced to 7 years of imprisonment for the purpose of retaliation against the Defendant. The Defendant was sentenced to her imprisonment for the purpose of retaliation against her, "(more)" and her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her. her to her to her to her to her her to her to her to her to her to her to her. her to her to her to her to her to her to her.

Accordingly, the defendant threatened the victim with the purpose of retaliation against the victim who stated the damage in relation to his criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copies of each judgment and search of consolidated cases;

1. Correspondence;

1. Other closure photographs of text messages;

1. Previous records of judgment: Application of Acts and subordinate statutes to the outputs of criminal records, written judgments, and integrated case screening pictures;

1. 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 concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment;

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