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(영문) 수원지방법원 안양지원 2019.05.31 2018고합207

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 4, 2018, 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") said, around the residence of the victim B (the victim 23 years of age) located in Ansan-si Mayang-si (hereinafter referred to as "the detailed address omitted), the victim attended the Defendant's case as a witness of the Defendant case on June 20, 2018, and testified the damaged victim as the witness of the Suwon District Court for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force against the disabled) (hereinafter referred to as the "Indecent Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes"), stating that "I will put the victim home to the Defendant, who is waiting for the victim. I will die up to his family." The victim's shouldered the victim, and caused the victim's wall one time by both hand.

Accordingly, the defendant assaulted the victim for the purpose of retaliation against testimony in connection with his criminal case trials.

2. The Defendant assaulted the victim C(the age of 49) who sought to speak of the Defendant’s assault at the time and place specified in paragraph (1) by taking the victim’s knife with his knife by taking the victim’s knife, etc. one time by taking the victim’s knife.

Summary of Evidence

1. Each legal statement of witness B and C;

1. Partial statement of the police interrogation protocol of the accused;

1. Investigation reports and internal investigation reports (suspects and in telephone);

1. On-site photographs, relevant judgments, etc.;

1. The application of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes by the Defendant and his defense counsel denied the purpose of retaliation against the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, but according to the consistent statement by the witness B and C as well as the statement by the Defendant to the effect that “the victim B would comply with the victim B’s statutory testimony” in the field and police investigations, the fact that

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.