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(영문) 서울북부지방법원 2017.05.12 2016고합534
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

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

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

Reasons

Punishment of the crime

On June 7, 2016, the defendant demanded credit at a store operated by the victim C, but was rejected, and the defendant was willing to take a retaliation against the defendant being investigated by the victim's report.

1. On June 8, 2016, the Defendant, before the “E” of the victim’s operation in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s operation, carried out a white tyroid with the victim’s door hand, stating “C discarded, found,” thereby threatening the victim.

2. On June 8, 2016, the Defendant, using a cell phone at a place which is not a place, shall pay off the cell phone with the flusium.

United Nations Republic of Korea

The victim threatened the victim by sending text messages, such as “I”, “I am at Libers and I am at L, I am at L,” and “I am at L, I am at L, I am at L, and I am at L, I am if I am, I am at L, I am at L, I am.”

3. On June 29, 2016, the Defendant: (a) used a mobile phone at a location unclaimed; and (b) diversed the C side road.

Swelly consider, and in turn, 30 cents out of the building.

The victim threatened the victim by sending text messages, such as “I amba and I ambags,” and “I ambags, by legally taking measures against the dam.”

4. On June 2016, the Defendant: (a) had expressed the attitude that the victim would have been harming the body of the victim by cutting off the damaged person on the road before the “E” without any speech; and (b) had threatened the victim.

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

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, such as stacks, Stockholms and text messages, investigation reports (in the case of forwarding and attaching a ruling), investigation reports (in the case of damage to related property, attaching a summary order of the case);

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act, and the Criminal Act.

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