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The punishment of the accused shall be determined by ten months of imprisonment.
Reasons
Punishment of the crime
[Criminal facts] On May 13, 2016, the Defendant was sentenced to imprisonment for eight months with prison labor for intimidation in the Sungnam Branch of Suwon Friwon, and that judgment became final and conclusive on September 7, 2016.
[Criminal facts]
1. On October 23, 2015, the Defendant of intimidation: (a) on October 23, 2015, the victim C (21 years old) who is the child of the Defendant, taken a kitchen with the phone, taken a kitchen, and taken the kitchen, together with a photograph of the kitchen.
A place of residence shall be located from an interest household.
“Transmitting text messages containing them”
From around that time to May 8, 2016, the victim threatened the victim through text message transmission and telephone calls, such as the list of crimes in the annexed list.
2. Around 14:00 on March 21, 2016, the Defendant: (a) stated that the victim would have her mother E in the ward of D Apartment No. 1310, 2603, and that the victim would have her mother E, and (b) caused the victim’s grandchildren, etc., such as the kitchen and the kitchen knife in the kitchen which had been in the kitchen at the same place, and then caused the victim to be accommodated in the kitchen which requires approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E;
1. A written accusation of E;
1. Recording records, evidence photographs, and writing notes, photographs of the contents of written notes, and medical certificates;
1. Each report on investigation;
1. Recording notes, reports, and accompanying materials;
1. Records of crime: Application of inquiry letter, such as criminal history, investigation report (A), and attached data-related Acts and subordinate statutes;
1. Relevant legal provisions and the point of intimidation of the choice of punishment for the crime: Article 283(1) of the Criminal Act (elective of imprisonment): Articles 258-2(1) and 257(1) of the Criminal Act;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Each of the crimes of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is likely to be subject to criticism in light of its circumstances, methods, risks, physical and mental impulse experienced by the victim, etc.
The defendant has been punished for the same kind of crime several times.