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(영문) 전주지방법원 2014.07.24 2014고합83

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 13:00 on January 25, 2014, the Defendant: (a) committed assault against the Victim D (the 51 year old) of Yansan-gu C apartment, 405 Dong 412, 13:00, the Defendant reported and investigated the Victim’s disease to the police; and (b) committed assault against the Victim for the purpose of retaliation, namely, “the Victim was singly Chewing, and singing the Victim...................................................., the Defendant reported the Victim to the police and investigated the Victim’s disease.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. Extent of the recommended sentence according to the sentencing guidelines (decision of type), group of violent crimes, violence crimes, and types 7 (Assault for Purpose of Duplicing ): Where the degree of violence is minor (the scope of recommending punishment): From April to April (the scope of recommending punishment revised in consideration of the lower limit of applicable sentences in the law): Imprisonment with prison labor for up to six months from January to April (the scope of recommending punishment revised in consideration of the lower limit of applicable sentences in the law).

3. Determination of sentence: The crime of this case by the defendant for six months in imprisonment shall not be deemed to have been committed by assaulting the victim who has reported to the police in connection with his criminal case, and the nature of the crime is not good;

In addition, if the defendant committed a crime even though he/she committed a crime in violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and the defendant committed another crime, it is inevitable to severely punish the defendant.

However, the judgment of this case is relatively minor that the defendant recognized the crime of this case and is against the law, and the degree of violence is relatively minor.