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(영문) 서울중앙지방법원 2016.12.15 2016고합868

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Justice] On March 18, 2016, the Defendant was sentenced to six months of imprisonment for a special assault in the Goyang Branch of the Jung-gu District Court, and the Defendant completed the execution of the sentence in a medical prison on July 9, 2016.

[Specific criminal facts] The Defendant of the 2016 Gohap868 was a person who associates with the victim C (V, 26 years of age), and was sentenced to six months of imprisonment with prison labor on August 25, 2015 and released from prison on July 9, 2016 on the ground that he/she committed assault against the victim.

1. 특수폭행 피고인은 2016. 7. 23. 새벽경 서울 강남구 D에 있는 피해자의 집에서, 피해자에게 피고인이 의정부교도소에서 수감되어 있는 동안 피해자가 피고인의 친구 E과 교제한 사실이 있는지를 추궁하는 과정에서 순간 화가 나, 주먹으로 피해자의 얼굴을 때리고, 머리채를 잡고 흔들어 바닥에 넘어뜨린 다음 발로 피해자의 얼굴을 걷어찼다.

Defendant continued to bring food blades (30 cm in total, 18 cm in length) and bags (25 cm in total) on the kitchen, and threatened the victim with “to die.”

Accordingly, the defendant carried a dangerous knife and a knife, and assaults the victim.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.) was arrested and detained as a flagrant offender against a police officer called out after reporting 112 immediately after the victim suffered from the same assault as that of paragraph (1), and was asked for retaliation against the reported victim.

On July 24, 2016, the Defendant, at around 23:00 on July 24, 2016, called “I ambbi, ambi, ambi, ambi. I ambi, I ambi. I ambi. I ambi and ambi. I ambi. I am ambi. I am ambi. I am.”

As a result, the defendant has filed a complaint or an accusation in relation to his/her criminal case investigation or trial.