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(영문) 제주지방법원 2014.07.03 2014고합61
특정범죄가중처벌등에관한법률위반(보복폭행등)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On December 18, 2013, the Defendant, at around 22:55 on December 18, 2013, entered into a dispute with the victim D (Inn, 42 years of age) with the victim D (E dan) who was in Jeju, with the victim D (E danF) for drinking as an issue of drinking value with the victim.

After that, even though the defendant et al. did not go out of the main point, the defendant et al. reported the disturbance to 112 by avoiding the disturbance, such as the victim's shouldering the defendant et al., and the defendant, together with F, taking a serious bath to the victim. The defendant filed a complaint with the police officer dispatched by the victim to 112, and the police officer confirmed the defendant and F personal information of the defendant and F, and returned to the defendant and F.

Accordingly, the Defendant and F sent their face to the police, and the Defendant and F threatened the victim with the victim’s face at one time, and the victim’s face at one time, and the F threatened the victim “I am of this year, I am of this year. I am of this year. I am of how I am of this year. I am of this year.”

Accordingly, the defendant conspireds with F to assault the victim for retaliation against the victim who provided a criminal investigation warrant in connection with his criminal case investigation.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of each statute on photographs;

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

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution (The following grounds for sentencing).

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. Application of the sentencing criteria (determination of types).

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