beta
(영문) 울산지방법원 2016.12.02 2016고합350

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 15:25 on October 12, 2016, the Defendant reported 112 of the Victim F (Musk, 55 years old) in the D market located in Ulsan Jung-gu, Ulsan-gu, on the ground that the Defendant was investigated about the fact of threatening the victim at around 11:10 on the same day, the Defendant stated that “a brue, brue, dead,” and “a brue, dead,” and “a frue, dead,” and “a frue, dead,” and frue the victim’s arms at the same time, and the victim resisted the Defendant’s arms at his resistance, “a frue, fluen, knif, knif, knif, knif,” should be considered as a flue.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Six months to fifteen years; or

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] of assault crimes for the purpose of retaliation (type 7), [the scope of recommending punishment] [the scope of recommending punishment] imprisonment with prison labor for 4 months to 1 year and 4 months (the scope of corrected recommended punishment] imprisonment with prison labor for 6 months to 6 months (the scope of corrected recommended punishment] imprisonment for 6 months (the minimum limit of recommending punishment is lower than the statutory applicable punishment, and therefore, the applicable punishment in law).

3. The instant crime of this case, with the intention of receiving free meals, is to be inscribed between the persons who were in motion for the Defendant.