beta
(영문) 서울북부지방법원 2015.01.30 2014고합479

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On September 9, 2013, the Defendant was sentenced to a fine of 700,000 won for the crime of assault against the victim C (n, 48 years of age) by the Seoul Northern District Court, and on September 23, 2013, the same court was sentenced to a fine of 1 million won for the crime of assault against the victim on September 23, 2013, and on July 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the same court on July 11, 2014, and is currently under suspension of execution.

【Criminal Facts】

1. 피고인은 2014. 10. 29. 18:45경 서울 동대문구 D에 있는 피해자 경영의 ‘E’에서, 피해자가 자신을 신고하여 위와 같이 처벌받았다는 이유로 이에 대한 보복의 목적으로 피해자에게 “니가 전에 나를 폭행죄로 신고하여 처벌을 받았다, 야, 이 년아, 또 신고해 봐, 핸드폰도 못 보게 눈깔을 뽑아버리고 파출소에 걸어가지 못하게 발목도 부러뜨리겠다.”라고 욕설을 하면서 피해자의 얼굴에 침을 뱉고 양손으로 피해자의 머리채를 잡아 바닥에 넘어뜨린 뒤 발로 옆구리를 4회 걷어찼다.

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.

2. At around 18:55 on the same day, the Defendant was arrested as a flagrant offender on the part of a police officer called out after receiving a report from the victim, and was investigated by the Seoul Dongdaemun Police Station, and was released on the same day at around 23:15 on the same day.

At around 08:00 on October 30, 2014, the Defendant reported the Victim to the Police of Nice and investigated the Victim for the purpose of retaliationing the Victim on the ground that the Victim was investigated as above on the ground that the Victim reported him and was investigated as above, and even if the Victim was dead or dead, he did not see any defect, she, this year, width, or report, she extracted the snow that the Victim did not have any handphone and did not go to the police box;

I am until the end of this year.