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(영문) 부산지방법원 서부지원 2018.05.17 2018고합59
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 7, 2018, at around 00:40 on February 7, 2018, the Defendant, as the husband of the victim C (Woo, 53 years old), entered the Defendant’s residence located in Busan Seo-gu, Busan Seo-gu, about 20 days before the occurrence of the case, and reported to the police as domestic violence before the occurrence of the case, with the Defendant’s domestic violence, with the Defendant’s mind that he was frighted at the police. The Defendant left the Defendant’s inner room where the victim was the victim’s knife and knife (24cm in total length, 11.5cm in

C. The victim threatened the victim for the purpose of retaliation against the provision of the proviso to investigation of his criminal case by stating that the victim will die in prison and reported the death to prison.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A list of risk of recidivism of domestic violence;

1. Photographs related to special intimidation;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Reduction elements of a punishment [special sentencing person] Class 5 (Intimidation of Terrorism) (including serious efforts to recover damage) or considerable damage, on the basis of the sentencing guidelines: Where a person commits a crime by the threat of organization or multiple force, or by carrying a deadly weapon or other dangerous articles (excluding cases to which special intimidation applies] or the basic area of the punishment [the scope of the recommended punishment], the basic area of the crime committed by intimidation. From October to two years.

3. On October 19, 2016, the Defendant committed the instant crime without being well aware of the fact that he/she was sentenced to a suspended sentence of one year for a special assault committed by Busan District Court on the grounds that he/she was sentenced to a suspended sentence of two years.

The crime of this case was committed for the purpose of retaliation against the report of domestic violence and threatened the victim.

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