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(영문) 춘천지방법원 2013.04.05 2012고합289
특정범죄가중처벌등에관한법률위반(보복범죄등)
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

Criminal facts

On October 7, 2012, the Defendant is driving under the influence of alcohol on the road located in Chuncheon City C around 11:52.

With the report of the victim D (the age of 48), when the police was controlled, the victim's desire was taken to take retaliation against the victim, and the victim's house located in the same E, such as 13:00 on the same day, and expressed the victim's attitude that "the knife knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife g.

As such, the Defendant threatened the victim with the purpose of retaliation against the reporting of the victim in connection with the investigation and trial of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Photographs, etc.;

1. A report on dispatch to the scene of violence reported cases;

1. Application of Acts and subordinate statutes to investigation reports (informating a copy of indictment);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration in favor of the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing);

1. Probation, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Decision of Punishment] Purpose of Reguination [Special Aggravation of Punishment] - In cases where a person committed a crime by carrying a deadly weapon or other dangerous articles [decision of the recommended area] / [decision of the recommended area] 1 to 2 years and six months [general person] in the increased area [decision of the recommended area] / mitigated element: In cases of a crime of intimidation by the defendant against the victim using jack kack, which is a deadly weapon for the purpose of retaliation, (7.5 cm in length of knife) for the purpose of retaliation, the crime is seriously punished, or there is no record that the defendant was punished for the same kind of crime.

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