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(영문) 서울남부지방법원 2016.06.30 2016고합159

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal history] On September 17, 2015, the Defendant was sentenced to six months of imprisonment for a crime of assault at the Seoul Central District Court, and the execution of the sentence was terminated on January 18, 2016.

[Criminal facts] 2016 Gohap 159

1. On March 4, 2016, around 09:45, the Defendant: (a) expressed the victim’s desire to “Ch h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

As a result, the Defendant committed a stude in which the number of days of treatment required for the snow was unknown to the victim.

2. On March 17, 2016, at the place described in paragraph 1 at around 15:00 on March 17, 2016, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) was dissatisfied with the investigation of a criminal case in which the Defendant abused the victim, and the victim “the fine was KRW million due to a year.”

The snow will be discarded.

“.....”

Accordingly, the defendant threatened the victim with the purpose of retaliation against his statement in relation to the investigation of his criminal case.

around 18:40 on March 13, 2016, the Defendant of Jongno-gu 2016, 249, 3 from the subway line 3 lines in Jongno-gu Seoul, Jongno-gu, Seoul around 18:40, when he was under the influence of alcohol in the reverse dialogue platform, waiting for subways without any reason, the left side of the victim E (V, 48 years of age) was her handed one time as his hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[Criminal facts in the judgment] 2016 Gohap 159

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A photograph of the injured party's wife (D);

1. Investigation report (referring to expert G and H counterpart investigation) 2016 Gohap 249;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Investigation report (CCTV investigation) (the criminal records as stated in the judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of criminal records and the same records during the period of repeated crime), identification of individuals and current status of confinement;

1. The relevant provisions of the Act concerning facts constituting the crime;