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(영문) 부산지방법원 2016.05.27 2016고합180
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2015, the Defendant received a summary order of KRW 1 million as a crime of intimidation at the Busan District Court on October 14, 2015.

On November 5, 2015, at around 07:50, the Defendant issued a summary notice of the instant intimidation case in order to raise the awareness of being subject to criminal punishment due to the victim’s accusation, and to resist the victim’s complaint, the Defendant issued a summary notice of the instant intimidation case on the part of the victim’s head office, and sent the victim’s portraits to drinking and breath while taking the bath, and sent the victim a fine of one million won due to the victim’s opening and cutting down the door and cutting down, and “A fine of one million won has been imposed due to the victim,” which is called “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, and the same year.”

Accordingly, the defendant threatened the above victim for the purpose of retaliation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the investigation report (No. 2, 4, and 6)

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment: Imprisonment with prison labor for one year to 30 years;

2. Scope of recommending punishment: The basic area (a period of 10 months-2 years-2 years-by imprisonment) based on the lower limit of the applicable sentencing range, as the lower limit of the sentence range recommended by the sentencing guidelines for one year to two years is lower than the lower limit of the applicable sentencing range in law.

3. In light of the fact that the defendant who was sentenced to the sentence committed again as a retaliation against the crime of intimidation against the victim, and that the victim was suffering from considerable fear and mental suffering, but the defendant did not receive a letter from the victim until now, the defendant's responsibility is not exceptionally applied;

(b).

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