특정범죄가중처벌등에관한법률위반(보복폭행등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 20, 2020, at around 20:50, the Defendant reported the Defendant to interfere with his duties on the front side of the Cmatet located in Daegu-gu, Daegu-gu, as the victim D (the spouse of 59 years of age) who operates the said Cmat, and embling the Defendant once again on the victim’s face of the victim, for the purpose of retaliation against the violation of business by the Daegu District Court on June 26, 2020 where a fine of 50,000 won was issued by the crime of interference with business.
As a result, the defendant committed violence to the victim for the purpose of retaliation against the provision of investigation reports, statements, etc. in connection with his criminal case trials.
Summary of Evidence
1. The judgment of the police on the statement of the defendant concerning D's legal statement and the application of Acts and subordinate statutes to seven copies of the summary order (verification of CCTV data at the site);
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. Scope of punishment by law: Six to fifteen years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] violent crimes [Type 7] assault for the purpose of retaliation [Special Sentencing]: Where the degree of assault is insignificant (Type 1, 6, and 7] [the scope of the recommended area and the recommended punishment] mitigation area, imprisonment for four to one year [the scope of the recommended punishment corrected by the applicable sentencing] for six months through one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, so the minimum limit of the applicable sentencing range in law is different from the applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence, the crime of this case shall be committed;