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(영문) 서울중앙지방법원 2018.12.21 2018고합995
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant was subject to criminal punishment due to reporting the victim C's indecent act by force, and was willing to take a retaliation by threatening the victim.

1. On July 13, 2018, the Defendant found the victim at the E convenience store located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, Seoul, about July 13, 2018, with the knowledge of the victim’s “each Hashed and Nshed away.”

personal data will not be kept.

In order to monitor personal information, the author has employed a private opinion.

The death of vagabonds.

“Intimidating the victim”, the victim was threatened.

2. The Defendant: (a) around 23:53 on July 18, 2018, at the location described in the foregoing paragraph 1., died of the Defendant’s “brison.”

The Republic of Korea has flaceded off the personal death;

I have threatened the victim by referring to "I am all the death?".

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to a investigation report (the wooden telephone investigation, the 49th page of the investigation records), a criminal investigation report (the counter investigation of field CCTV images, the 50-52 pages), a criminal investigation report (related to this case, the confirmation of a crime committed by a person who committed an indecent act against a victim, etc., the 67-70th page of the investigation records), a criminal investigation report (the hearing of statements by a telephone of the person who committed the crime and reporting, the 123, the 124th page

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 criminal facts as prescribed in the corresponding Act;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes shall be aggravated for concurrent crimes committed on July 18, 2018, with heavier punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) due to intimidation of retaliation against a person on July 18,

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than twenty years; and

2. The scope of the recommended punishment according to the sentencing criteria [the type of violence].

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