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(영문) 의정부지방법원 고양지원 2015.12.04 2015고합229
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 03:00 on September 15, 2015, the Defendant: (a) committed assault against the victim, such as, within the house of the victim D (Woo, 35 years of age) located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) a shoulderer who is a dangerous and dangerous object, on the ground that the victim was her her heep; (c) a hicker’s chest was walking on two occasions due to the hacks of the victim; and (d) a victim’s hick on the part of the victim, her face was 10 times with drinking and hand-on.

2. On September 15, 2015, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) from around 07:00 to around 12:20, the Defendant was arrested in the above victim D’s house, arrested in the act of assault as referred to in paragraph (1) and released in the police station, and then found the victim at the victim’s home for the purpose of retaliation against the reported fact to the police again, and then, found the victim at the victim’s home. The Defendant threatened the victim by stating, “I will see the continuous police. I will escape even if the police, and find the victim again. I will see it every day.”

3. On September 15, 2015, the Defendant damaged the victim’s property by removing the crime prevention window and shocking network of the victim’s house, putting the victim’s house in front of the victim’s house D’s house, such as paragraph (2), and destroying the victim’s property in order to remove the victim’s house’s house and to destroy the glass window by drinking, without opening the door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to the scene, damaged photographs and photographs;

1. Relevant Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes and the occupation of a special assault: The occupation of retaliation and intimidation under Articles 261 and 260 (1) of the Criminal Act: 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: Article 366 of the Criminal Act;

1. From among concurrent crimes, the concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., of which the punishment is the largest, shall be concurrent crimes (Article 37)

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