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(영문) 수원지방법원 안양지원 2018.12.21 2018고합127

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A person shall be punished by imprisonment with prison labor for not less than six months and for not more than six months for the remaining crimes as stated in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On January 19, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for a special assault in the support for the development of the Suwon method, and 2 years of suspended execution, and the above judgment became final and conclusive on May 22, 2018.

[Criminal facts]

1. The charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes were modified according to the facts obtained through the examination of evidence without the procedures for changing the indictment to the extent that they do not disadvantage the defendant's defense right.

On October 13, 2017, the Defendant was indicted for committing assault against the Victim B (V, 60 years of age) and was released on January 19, 2018 after being sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution.

On January 2018, the Defendant was subject to criminal punishment because he/she made a statement of damage by the injured party under the Manyang-gu C Building and D in the Mayang-gu, Syang-si.

생각하여 앙심을 품고 피해자에게 “ 니 년이 내 인생을 망쳐 놨다.

§ 4. Compensation incurred in any formula

"" and "the face of the victim was taken at a drinking time."

As above, Defendant assaulted the victim for the purpose of retaliation against the victim’s statements related to the investigation or trial of his criminal case.

2. On August 29, 2018, the Defendant used violence against the victim at the same place as above on August 29, 2018.

The victim's bucks, bucks, etc. are bucked in several times by drinking, and the victim was bucked by kicking the head of the victim's head by hand.

3. 특수 협박 피고인은 2018. 8. 29. 15:40 경 위와 같은 장소에서 피해자와 말다툼을 하던 중 피해자가 집을 나가기 위하여 짐을 쌌다는 이유로 “그래 끝장을 보자 ”라고 말하며 그곳 안방에 있던 위험한 물건인 망치를 손에 들어 피해자를 때릴 것처럼 위협하였다.

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

4. The Defendant shall be confined at the same time and place as paragraph 3.