2018Gohap95 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)

A

Freeboard (prosecution), red trial

Attorney B (Korean National Assembly)

December 21, 2018

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

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

1. On July 13, 2018, the Defendant: (a) at E Convenience stores located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City around 01:27, the Defendant sought to find out the victim’s identity at each location; (b) personal address; (c) employed a private opinion to monitor personal information; (d) threatened the victim.”

2. At around 23:53 on July 18, 2018, the Defendant threatened the victim with “the victim is dead. I am kyer, kye, kye, kye, kye, kye.” at the location described in the foregoing 1.1.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to a report on investigation (for example, telephone survey, 49 pages), a report on investigation (for example, the counter investigation of the On-siteCCTV image, 50-52 pages), a report on investigation (for example, the confirmation of a crime committed by a suspect by compulsion of the victim, 67-70 pages of the investigation records), a report on investigation (for example, telephone hearing reporting, 123, 124 pages of the investigation records), and a report on investigation (for example, reporting on

1. Article applicable to criminal facts;

Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283(1)1 of the Criminal Act

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Concurrent Crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) on July 18, 2018 with a heavier penalty

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Reasons for sentencing: Imprisonment with prison labor for not less than six months nor more than twenty-two years and six months;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Imprisonment] Types 5 (Intimidation for Purpose of Intimidation)

[Special Mitigation] In a case where punishment is not imposed or considerable damage is recovered;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from April to April

[Scope of the revised Recommendations] Imprisonment of six months to one year and four months (based on the lower limit of applicable sentences under law);

3. Determination of sentence: The crime of this case 6 months of imprisonment and 2 years of suspended sentence were punished by a victim’s report, and when the defendant was punished by a victim’s report, the victim’s work convenience is threatened. The crime of retaliation against the victim of a criminal case is likely to interfere with the realization of a reasonable judicial procedure, as well as the legal interests of the victim, and the victim’s psychological suffering, such as a considerable period of apprehension, is not easy to commit the crime.

However, the punishment as ordered shall be determined in consideration of various sentencing factors shown in pleadings, such as the defendant's age, character and conduct, the environment, the background and method of the crime of this case, and the circumstances before and after the crime, etc., that the defendant has recognized the whole crime of this case and is in depth divided into the errors, that the victim does not want the punishment against the defendant by agreement with the victim,

The presiding judge, the Kim Jong-dong

Judge Political decoration

Judge Lee Sang-hoon