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(영문) 서울북부지방법원 2019.08.20 2019고합131
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 became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not substantially impede the defendant's exercise of his/her right to defense, some of the facts charged was revised ex officio.

Around January 3, 2019 and January 5, 2019, the Defendant filed a complaint with the Council of the head of the Tong, which was known to the victim B (the 62 years of age) and known to him, due to the fact of threatening the victim B, and eventually, the Defendant was indicted for special intimidation as above. For this reason, the Defendant was able to raise the victim B, etc.

1. On January 10, 2019, the Defendant committed the crime against the Victim C (AF) at around 17:50 on January 10, 2019, the Defendant threatened the victim, who is the spouse of Seongbuk-gu Seoul Seongbuk-gu, with the purport that “E of the operation of B” in the “E of B in Seongbuk-gu, Seongbuk-gu, Seoul.” For the foregoing reason, the Defendant threatened the victim, “A spouse, who is the spouse of the Party, is making a complaint by the husband, resulting in an investigation to the police station on this State, regardless of the termination of the husband’s husband’s husband or the husband’s husband’s husband’

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of a criminal investigation team such as a criminal complaint or accusation, statements, etc. in connection with his/her criminal case investigation.

2. On January 10, 2019, around 20:55, the Defendant who committed the crime against the victim B was threatened with the victim by entering the victim as “a person who does not want to live in the world” and making it possible to do so.

As a result, the defendant threatened the victim with the purpose of retaliation against the provision of a criminal investigation team such as a criminal complaint or accusation, statements, etc. in connection with his/her criminal case investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Investigation report (Submission of sound recording files);

1. Application of two Acts and subordinate statutes to recording CDs, written opinions, a copy of indictment, and the result of case search in B;

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 committed;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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