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(영문) 수원지방법원 평택지원 2016.11.16 2016고합118
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

The defendant and the victim D (ma, 63 years old) and the victim E (ma, 75 years old) have pending issues in the village, such as the attraction of golf courses, and they did not have good reputation.

1. Around August 6, 2016, the Defendant: (a) had a dispute with the victim D on the ground that the Defendant did not have any earth and sand covering the way of the horse in the front of G Tri-distance in Ansan-si F to flow into the horse; (b) had a dangerous object on one ton truck; and (c) had the victim multilaterald with the victim, “this son, four sons, and four sons,” and the Defendant threatened the victim with the improvement.

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

2. Around 04:00 on September 7, 2016, the Defendant, at the village conference around 04:0, had a victim made an insulting speech to himself/herself. However, he/she arbitrarily opened a gate and a gate and a gate in the victim E’s dwelling in Ansan-si, and entered the victim’s home room.

Accordingly, the defendant invadedd the victim's residence.

3. The Defendant damaged the property owned by the victim E in such a way that the Defendant, at the time and place specified in the foregoing paragraph 2, walking a door door to the front door would have a considerable of 100,000 won of the repair cost.

4. On September 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) threatened the victim, as if the victim reported the instant case to the police at the victim E’s residence located at Ansan-si on September 27, 2016, on the ground that the victim reported the said case to the police.

Accordingly, the defendant threatened the victim with the purpose of retaliation against his criminal case investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

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