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(영문) 대구지방법원 2020.04.24 2019고합457
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A special intimidation: (a) around 10:50 on July 14, 2019, the Defendant took a bath to the victim D(30 years of age) who was under the influence of alcohol within the CP located in the CB at Busan City, without any justifiable reason; (b) “I am fright, here, I am frighter, I am frighter, and I am frighter, I am frighter, which is a dangerous object in the Defendant’s bank.” (a total length of approximately 14 cm) with the Defendant’s hand, kiker (a total length of approximately 14 cm) with the victim’s body, and had access to it, thereby threatening the victim’s body.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) stated, around July 20, 2019, the Defendant, at around 09:47, that “The victim G (23 years old) who is an employee of convenience store in a place where other convenience stores are located, without any justifiable reason, under the influence of alcohol at the F convenience store located in Sinsan-si, Sinsan-si.”

Accordingly, on July 20, 2019, the victim's 112 declaration defect, and the defendant found the above F convenience store around 11:24, 2019, and threatened the employee victim with "I have reported whether I have made a report, she has to do so, she may do so, she may die, she can do so, knife, or " knife," and knife knife (14 m in total length) which is a dangerous thing at the display site, with a view to causing harm to the body of the victim.

As a result, the defendant threatened the victim for the purpose of retaliation against the provision of a criminal complaint or accusation, statement, testimony, or submission of data in connection with the investigation or trial of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (the sequence 5, 16, 17, 23, 24 of the evidence list);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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