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(영문) 서울중앙지방법원 2016.05.03 2016고합312
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

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

1. 특수 상해 피고인은 평소 피고인의 딸인 피해자 C( 여, 25세) 이 키우는 개가 말을 듣지 않고 말썽을 피운다는 이유로 피해자와 자주 다투어 왔다.

On March 16, 2016, around 23:15, the Defendant 23:15, in Gwanak-gu in Seoul Special Metropolitan City, and the second floor of the Defendant’s residence, caused the Defendant to drive away the Defendant’s kids of the Defendant, and the victim had found it again, and due to the depression, the part on the right side of the victim’s kisk several times, and the Defendant collected bucks from the victim’s bucks, bucks, and 4-5 times.

Defendant 1 caused the injury to the victim by leaving the victim's jum, traw, etc. with dangerous objects as above, and caused the victim's macker to the treatment days.

2. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes, reported the Defendant to the police for the same crime as the stated in paragraph (1) and received an investigation, had the victim take a disadvantage against the victim.

On March 17, 2016, at around 02:20 on March 17, 2016, the Defendant returned home of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City, and opened a victim's visit and opened the victim's visit, and caused the victim who was living in the second floor, and collected transition (12 cm in length and 22 cm in total length) in that place by hanging in the ward.

The defendant added excessive excessive points to the victim who reported and closed the visit to the victim, and opened a door as soon as possible and show it.

In this regard, it made intimidation by referring to a large voice as "I have been in the house due to today's death and thoughts to the reduction of the house."

Accordingly, the defendant threatened the victim with the purpose of retaliation against the provision of his criminal case investigation proviso, statement, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. The police seizure records (voluntary submission), list of seizures, and seizures;

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