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(영문) 서울남부지방법원 2019.01.31 2018고합394

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On March 10, 2018, around 21:10, the Defendant was under suspicion of indecent act by compulsion of C from subway 9 line B located in Gangseo-gu Seoul Metropolitan Government, and was prosecuted and tried at the Seoul Southern District Court on April 13, 2018. In the investigation process and trial of the above case, the victim D (the age of 25) stated as a witness and made the witness to testify, the Defendant was infinited with the victim.

At around 20:10 on July 28, 2018, the Defendant discovered the victim's moving out of the above B located in Gangseo-gu Seoul Metropolitan Government, followed the victim to stop in front of the victim, and took a bath to the victim "I am kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

Accordingly, the defendant assaulted the victim for the purpose of retaliation against his statement and testimony in connection with the investigation and trial of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (a confirmation during trial in cases of indecent act by compulsion of a suspect and the attendance of a victim witness);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the argument is as shown in the facts of the crime in the judgment of the defendant, which was pushed down with the victim D as the same part as indicated in the facts of the crime in the judgment of the defendant, but this is nothing more than that of retaliation against the criminal case of the defendant, since the victim, who is prone in the subway station, fladly fing the defendant, was prone to the escape

2. In full view of the following circumstances revealed by the court’s duly adopted and examined evidence, the defendant’s statement and testimony related to the investigation and trial of a criminal case by compulsion against himself/herself.