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(영문) 서울북부지방법원 2014.11.14 2014고합355
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Power】 On April 5, 2012, the Defendant was sentenced to two years of imprisonment for obstruction of performance of official duties, etc. by the Seoul Northern District Court, and completed the execution of the sentence on November 14, 2013.

[Attachment] Around June 5, 2014, the Defendant was indicted on July 23, 2014 (the instant case 2014Gohap389) on the ground that the Defendant committed indecent act by compulsion against the victim C (the age of 53 years), and was tried on July 23, 2014. On the other hand, the Defendant had received an agreement from the victim, and had been willing to intimidation and assault the victim for the purpose of retaliation against the victim.

1. Around July 31, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) reported the damage of the instant case to the victim who reported the damage to the victim and made a statement to the victim by finding the victim in E shop operated by the victim in Jung-gu Seoul Metropolitan Government D, and threatened the victim, such as “I ambling. I ambling. I am to the funeral. I am to the outside. I am to the outside, I am to the outside,” and “I am dead.”

As a result, the defendant threatened the victim for the purpose of providing a criminal investigation team such as a criminal complaint or accusation or retaliation against his/her statement in connection with his/her criminal investigation or trial.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) found the victim at the place specified in paragraph (1) around 18:30 on August 22, 2014, and continued to have the victim. As such, the Defendant assaulted the victim, i.e., “the victim’s neck” by taking a bath, such as the victim’s neck, and the milch value into the bar, but in the case of a funeral service, I wishing to see whether it is a million won or not, and threatening the victim to drink the Defendant, and then I would like to keep the victim under drinking, I would like to keep the victim under drinking. As I would like to see the latter part of the victim’s neck by taking the victim’s upper part of the victim’s neck in both hands, and tightly cut the victim’s neck over the floor, and then, she would be called “the victim’s neck, dead, etc.”

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