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(영문) 수원지방법원 성남지원 2016.05.02 2015고합281
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

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

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

Reasons

Punishment of the crime

1. On May 25, 2013, the Defendant: (a) worked as a tegrology engineer; (b) performed the interior windows inside the victim D’s house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, 302 on May 25, 2013; and (c) removed 6 windows installed in the main room and the ward where the damaged person did not pay the total amount of the construction cost; and (d) destroyed six of the above windows owned by the injured party, where the market price cannot be determined by putting them up on the floor.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.) found the Defendant’s residence of the victimized person over several occasions on May 26, 2013, around 01:38 of the same day, around 02:26 of the same day, around 21:49 of May 27, 2013, around 22:54 of the same day, for the purpose of retaliationing the victim D’s aforementioned damage to the said property or assault by the police against the defect of the said damage.

The year of 25 years has been taken into account in prison.

I will throw away the us.

Since there is a few suppressions of property, this kind of money can be asked.

Sat issue system has also been put up with a fine and has also been put up with a fine. It is why we have to put up the fine.

“A threat was made as if he were to cause harm to the victim by taking a pedago, such as talking with the purport of “a sound,” and committing a noise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor to the victim;

1. Statement made by the police for E;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act regarding the crime, the choice of punishment (the point of destroying property, the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the point of intimidation);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes) of the same Act;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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