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(영문) 울산지방법원 2017.01.06 2016고합272
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. On August 13, 2016, at the main point of “E” operated in Ulsan-gu, Ulsan-gu, the Defendant: (a) received demands from the said D to “E to pay the amount of alcohol”; and (b) Daced to the victim F (59 years of age) who had talked with the said D at that place; (c) caused the victim’s outbreak one time, with the victim’s hair, at one time, with the victim’s hand-to-the- hand knife with the victim’s knife; and (d) assaulted the victim by damaging the victim’s knife with the victim’s knife with the knife.

2. The Defendant threatened the victim D (the 51 years of age), the owner of the above main point, at the time and place specified in paragraph (1) of this Article, with the phrase “I amber, if you report, I amber, I amber, I amber, I ambling.” On the 14th day of the same month, the Ulsan Central Police Station located in the Ulsan Central Police Station located in the Ulsan Central District, Ulsan Central Police Station located in the 620-ro, Ulsan Central District, which was called as a victim’s report, with the victim’s slope H, who was arrested in the act of committing an act of committing an offense under the suspicion specified in paragraph (1), and was accompanied to undergo an investigation, and then arrested the victim as “I amber, I ambal, and I am only if I am.”

Accordingly, the defendant threatened the victim with the purpose of retaliation for the provision of investigation proviso in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and D;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and assault, the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the point of intimidation for the purpose of retaliation) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and the punishment for a long term of the above two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;

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