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(영문) 서울남부지방법원 2012.10.25 2012고합233
특정범죄가중처벌등에관한법률위반(보복범죄등)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On February 28, 2012, around 13:05, the Defendant her drinking alcohol to Guro-gu Seoul Metropolitan Government C cafeteria, and around February 20, 2012, on the ground that the victim reported the Defendant to the police as the perpetrator, the Defendant her drinking or retaliationed the Defendant, and on February 20, 2012, the Defendant sent the victim the victim’s back to the police.

At around 13:17 on the same day, the Defendant continued to catch the back of the victim and moved the victim out of the above C cafeteria and brought the victim out of Guro-gu Seoul E, and at that place, the Defendant saw the victim out of the floor by drinking and launchinging it over several times.

As a result, the defendant reported the defendant to the police as the perpetrator on the ground that the victim reported the defendant to the perpetrator, and caused the victim's death by spreading the telegraph of the victim by drinking and salbing the victim over the floor, thereby getting the victim to die due to acute acute bladrosising.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by a witness F in the first trial record;

1. The prosecutor's statement concerning G;

1. A H statement;

1. Investigative reports (verification of medical record victims), investigative reports (the statement of first responders at the site), investigation reports (the analysis of victim's DNA currency records), investigation reports (CCTV investigation), investigation reports (the counter investigation of the Ministry of National Science and Investigative Research for the Law of the National Institute of Medical Sciences);

1. A written autopsy and appraisal;

1. A detailed statement on the handling of 112 reported cases, 112 reported processing ledger (2.20.20.20) and an emergency beds;

1. The autopsy, photograph, etc. of the victim, the residence of the victim, and initial site inspection photograph, etc.;

1. Application of victim 119 voice CDs and crime preventionCCTV-related Acts and subordinate statutes;

1. Determination on the relevant legal provisions on criminal facts, Articles 5-9(3), (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260(1) of the Criminal Act, and the assertion by the defendant and his/her defense counsel

1. The summary of the claim.

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