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(영문) 광주지방법원 목포지원 2020.07.23 2020고합57

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around 18:00 on June 5, 2020, the Defendant, at the main point of “D” in the operation of the victim C (n.e., 58 years of age) located in Sinpo City B, the Defendant: (a) took a bath against E, who was under the influence of alcohol and drinking alcohol at the same time; (b) took a brupt for about one hour, i.e., e., “h., day-to- day, day-to-day, day-to-day, day-to-day, day-to-day, day-to-day, day-to-day, day-to-day, day-to-day, day-to-day; and (c) took a brush for about one-hour period.

Accordingly, the Defendant interfered with the victim's main business by force.

2. Around 22:40 on June 5, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the Act on the Aggravated Punishment, etc. of Specific Crimes) (hereinafter referred to as the “Act on the Aggravated Punishment, etc.”) reported by the victim C to undergo an investigation at the Ganpo Police Station on the basis of the victim C’s report, saying that he was frightened by the victim and found the victim at the place specified in paragraph 1, and that he was frighted to read “Chos and frights, she made a report,” and that he was frighted by her hand and her body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Violence for the purpose of retaliation: 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;

(b) Obstruction of business: Article 314 (1) of the Criminal Act;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the crimes above two crimes) is concurrent crimes with the punishment stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (limited to the sum of the punishment with heavier punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to thirty-five years of imprisonment;

2. The sentencing criteria shall be based on; and