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(영문) 서울남부지방법원 2018.09.06 2018고합363

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. A thief: (a) around 17:48 July 18, 2018, at “singing room” operated by the victim D in Geumcheon-gu Seoul Metropolitan Government, the Defendant stolen the cash amounting to KRW 50,000 (one hundred thousand won) owned by the victim in the wall, using the gaps in which the victim was laid on the seat of the seater and the surveillance was neglected by making the lock on the seat of the seater.

2. On July 19, 2018, the Defendant who damaged property: (a) reported the victim himself/herself to 112 in relation to the thief crimes described in paragraph (1) on the ground that he/she was under investigation by the police; (b) found the above “singing room” while under the influence of alcohol on the ground that he/she was under investigation by the victim; (c) set the entrance door at the locking door, and (d) damaged the repair cost to the extent of KRW 130,000.

The defendant continued to damage the victim F's market value in front of the "E" restaurant located in the same building as the above singing room, which is equivalent to KRW 50,000,000.

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (defence assault, etc.) around 02:30 on July 19, 2018, in front of the “singing room” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. On the ground that he reported himself to 112 on the crime of larceny as stated in the above 1.1. The above 1. “Winger reported to G (66 years of age) who is the place of singinging room business.” As a drinking, the Defendant assaulted the victim’s left part of the above victim’s neck by singing two times at the right end.

Defendant 1 continued to discontinue, discontinue, and stop to stop, a funeral service to the victim D (e.g., 61 years of age) who is the said singing business owner.

The term "to be retaliationed" means to threaten the victim G, and the victim G:

A threat was made by means of a voice “to throw away a dead, to throw away, and to throw away, to the end.”

As a result, the Defendant G with the aim of retaliation against the investigation of his criminal case.