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(영문) 창원지방법원 2020.02.06 2019고합259

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 11:30, 2019, the Defendant: (a) around September 11:30, 2019, on the water surface of “D” operated by the Victim C (the 64 years of age) in Kimhae-si; (b) on April 22, 2019, the Defendant was subject to criminal punishment of a fine of KRW 500,000 by larceny at the Changwon District Court on April 22, 2019; (c) “I reverse the Defendant’s statement that he would bring about his death and death; (d) I wish to kill him; and (e) Imin the Alumin pipe at that time, I pushed the victim two times by hand, and pushed the victim once by shoulder.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. CCTV image CDs;

1. Each investigation report (the attachment of a photograph of fluorum aluminium pipe, and the confirmation of the fact that the victim is the reporter of the criminal case);

1. Application of Acts and subordinate statutes to criminal records, reply reports, summary orders, and copies of statements;

1. Articles 5-9 (2) and (1), and 260 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria [decision of types] the scope of violent crimes [type 7] assault for the purpose of retaliation (including special sponsor]: Reduction elements of punishment (including serious efforts to recover damage) or considerable damage therefrom (the scope of recommendations and recommendations] mitigation areas, and April through April 14 months;

3. The sentencing sentence is very heavy in that the Defendant assaulted the victim for retaliation in relation to the trial of a criminal case.

However, the defendant recognizes the defendant's wrongness and is against his depth.

The Defendant agreed with the victim smoothly.

The defendant is under the influence of alcohol.