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(영문) 광주지방법원 2017.09.01 2017고합279

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is a person who illegally stays in the nationality of Cambodia.

The Defendant and C, and D (the sentence of 10 months of imprisonment with prison labor at the Gwangju District Court on March 10, 2017 and the suspended sentence of 2 years) dealt with the Mete (31 tax) Mete (the Meteopopopon; hereinafter referred to as “Melopon”) of the victim E-(the Meteopon”) which is a local mental medicine.

Recognizing of the statement made to the police, the victim had a good appraisal.

On November 21, 2016, at H convenience stores located in Gwangju Mine-gu G around 00:30 on November 21, 2016, the Defendant drinks alcohol with the victim, and the Defendant “F arrested because it is E”, and C reported F to the police.

When the victim said that there was no fact in the question “,” he left the cans of beer, which had been located there.

The defendant, C, and D called "the victim will report the problem to the illegal people." It became more chemical as the victim said "the victim will report the problem to the illegal people."

D, along with the victim, took the victim's face at H convenience store once a week, and the victim gets on the victim's own car and again c, D, and the victim took the victim's face at the time.

The defendant also parked his car at the near place and moved again to H convenience store, and sent the victim's face and face, along with C and D, from the victim's own car to his own house.

Accordingly, in collusion with C and D, the Defendant assaulted the victim for the purpose of retaliation against the phiphone handling statement in relation to the investigation of another person's criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of each of the public prosecutor's offices against C or D;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 260 (1) and 30 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;