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(영문) 인천지방법원 2014.08.06 2014고합328
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 30, 2014, at around 23:33, the Defendant was arrested in the act of assault against Nonindicted Party C and the victim D, and was released from the Defendant’s house located in Bupyeong-gu, Incheon on May 31, 2014, the Defendant observed that the victim and witness of the assault case were able to return to the police officer after reporting damage to the police officer on May 31, 2014, and told him to “one hundred and twenty (30%) the kitchen knife in the kitchen (18cm in the length of the entire 30cc, the knife length of the knife) and used the kitchen knife (18cm in the direction of the victim) in his hands, and she gets away at approximately 320 meters from the back of the victim to the 75-lane of the Bupyeong-gu, Incheon.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams, statements and testimony in connection with the investigation of his criminal case, and at the same time threatened him with dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Seized objects and photographs;

1. Application of Acts and subordinate statutes to a report on investigation (distance Measurement) and a report on investigation (CCTV verification);

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, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of a crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Inasmuch as the reasons for sentencing under Article 48(1)1 of the Criminal Act constitutes an ordinary concurrent crime, there is no application of the sentencing criteria.

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Determination of sentence:

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