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(영문) 의정부지방법원 2014.03.21 2014고합2
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[Criminal Power] The Defendant was sentenced to a suspended sentence of two years on August 8, 2013 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Intimidation) at the District Court on August 8, 2013, and the said judgment became final and conclusive on August 17, 2013 and is still under suspended sentence.

【Criminal Facts】

From around December 12, 2012 to June 19, 2013, the Defendant: (a) threatened the victim C (the victim 41 years of age) five times; (b) detained the victim by committing an indecent act upon entering the victim’s residence; and (c) detained the victim on the charge of committing an indecent act; and (d) sought the victim’s complaint against the victim who made the victim’s statement; (b) sought the victim’s retaliation; (c) on November 30, 2013, the Defendant would make the victim 109, before the victim of E apartment apartment where the victim located in Namyang-si, Namyang-si, Seoul; and (d) “Nea B will make this criminal record; and (d) made Neabba, I would like to see that the victim was punished by imprisonment with prison labor for all people and Friters; and (d) made the victim’s complaint to the victim, and therefore, (d) made the victim’s statement to the victim.”

Summary of Evidence

【Criminal Facts in the Market】

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. A detailed statement on processing 112 reported cases;

1. Investigation report (the details of the transmission of text before the market);

1. The application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (report accompanying relevant decisions);

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;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The summary of the argument is decided by the defendant.

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