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(영문) 서울남부지방법원 2018.12.20 2018고합499

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

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

Reasons

Punishment of the crime

[criminal history] On April 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. from a prison method guard, and on May 2, 2017, the period of parole expired on June 28, 2017.

[Criminal facts]

1. On September 18, 2018, the Defendant assaulted the Victim B (52 taxes) on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (hereinafter “Aggravated Punishment, etc.”) to take retaliation against the victim on the 19th day of the same month.

around 23:00 on October 1, 2018, the Defendant sent the victim to the public announcement center of Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu at the public announcement center with one floor at the public announcement center, and refused revocation of the complaint by the victim, and the victim refused revocation of the complaint, he sent about five times the victim's face to the public announcement center, leading the victim outside the public announcement center, and led the victim to about five times the victim's face to the public announcement center.

As a result, the defendant committed a scambling wound that could not know the number of days of treatment to the victim for the purpose of retaliation against his criminal case complaint.

2. On October 10, 2018, from around 23:50 to 23:52 the same day, the Defendant placed a visit from the victim to the victim B in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, to demand the revocation of the complaint. However, the Defendant placed the visit from the victim to the victim B at the room in Geumcheon-gu, Geumcheon-gu, Seoul. However, if there is no seal, the Defendant brought the key to the victim’s protection at the above public notice office, and opened a door and entered the inside.

Accordingly, the defendant invadeds on the room possessed by the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement prepared by B;

1. On-site photographs and photographs related to violence;

1. Investigation report (the relative investigation of the business owner by the CPublic Notice Board) and investigation report (Non-Submission of a victim's diagnosis report);

1. Previous convictions in judgment: The provisions of subparagraph (A) of a written reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes;

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257(1) of the Criminal Act regarding criminal facts (a retaliation is taken).