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(영문) 제주지방법원 2020.04.23 2019고합212
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on January 31, 2019, the Defendant injured the victim on the ground that the victim C (the age of 38) was playing in the card game called "Tex Dum" at the Bod Game site located in B and C in Jeju Island, and caused the victim's injury, such as the victim's fingers out of the entrance, the victim was satising, sat down, sat down, sat down, and sat down, and sat down the fat of the victim's satch, and the victim defended the face with both hand when the victim satis kne face, and caused the victim's injury, such as the victim's satum and tension requiring treatment for about three weeks.

2. On March 11, 2019, when the Defendant received a request from the police for attendance due to the above injury, the Defendant called “Aggravated Punishment, etc. of Specific Crimes (Duplicative Intimidation, etc.)” to the victim C’s pro-Japanese appearance D at a non-permanent place, saying, “If the Defendant does not withdraw a complaint against a case, she would not engage in a restaurant funeral operated by the victim’s mother, and would not engage in a fluent private life, such as the victim’s gambling, and will do so to the victim’s fluencing,” thereby allowing D to deliver it to the victim.

Accordingly, the defendant threatened the victim for the purpose of cancelling the complaint in relation to his criminal case investigation or trial.

Summary of Evidence

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

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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