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(영문) 서울남부지방법원 2014.10.10 2014고합173
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 March 28, 2014, at around 20:40 on March 28, 2014, the Defendant repeatedly told the victim, “I will be able to live in the same way as the victim,” who was investigated by the police station on the ground that the victim was subject to a report of insult by the victim before the victim D (the age of 41) located in Yangcheon-gu Seoul Metropolitan Government as a crime of insult, and was investigated by the police station, and the victim was able to walk the door of the door.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of investigation teams and statements in connection with the investigation of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The application of the Act and subordinate statutes to the CDs attached to an investigation report (the submission of a victim recording file) and the CDs (the defendant and his defense counsel only held the victim's house in order to communicate with the victim, and the victim's house was sleeped in the room, and the victim's house was sleeped, or did not have any fact of threatening or threatening the victim as stated in the facts constituting a crime. However, according to each evidence described in the summary of the above evidence, it is recognized that the defendant discovered the victim's house as stated in the facts constituting a crime and threatened the victim, and the purpose of retaliation is also recognized in light of the time, contents, and circumstances of the intimidation).

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;

2. Article 62 (1) of the Criminal Act;

3. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation, Etc.

1. One year to thirty years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. The range of recommendations according to the sentencing guidelines [decision of types] shall not be subject to intimidation (type five) for the purpose of retaliation (type 5) (no person specially punished] (the scope of recommendations] (the scope of recommendations), and the revised range of recommendations from October to 2 (basic area).

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