(영문) 의정부지방법원 2018.10.18 2018고합226

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.10.18 2018고합226

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment with prison labor for the crime of injury and concealment of property at the Jung-gu District Court on August 24, 2016 and completed the execution of the sentence at the Jung-gu prison on February 12, 2017.

[Criminal facts]

1. Violence;

A. On June 30, 2018, the first criminal defendant does not engage in 'Tweet business' in the victim' within the 'AE Dao of the victim AD (n, 46 years old) in the Gui-si AC around 19:00 on June 30, 2018.

However, on the ground that he did not comply with this, he assaulted the victim, such as taking the victim's neck by his hand.

B. On July 3, 2018, the second criminal defendant committed assault by the method of “the defendant's strokes, etc. of the victim’s strokes by strokeing the victim’s strokes, etc.” in the “AG multilaterals,” located in the Government-si, Madro on July 15, 2018, on the same ground as that of the preceding paragraph, and the prosecutor committed assault by the method of “the defendant’s strokes, etc. of the victim’

Although the victim was prosecuted, the victim stated in this court that the defendant did not have the fact that he had the victim's right to shot, and that this act is not confirmed even on the cell phone image in which the above head is taken, so this part of the facts charged is not recognized.

Victim assaulted the victim.

2. Around 10:40 on July 7, 2018, the Defendant: (a) was indicted by the “AJ multilateral bank” operated by the Victim AI (hereinafter “AJ”), i.e., the Defendant was under the influence of alcohol and was charged with falling off the floor by a client; and (b) the prosecutor first indicted the Defendant on the part of the Defendant. However, considering the victim’s legal statement and the Defendant’s statement in the investigative agency, the Defendant was merely found to have fallen down from the floor, and the fact that the Defendant was under the influence of the Defendant’s disease was under the influence of alcohol, and the fact that the Defendant was under the influence of the Defendant’s defense right is not recognized. In light of the process of the trial, the Defendant did not appear to have any substantial disadvantage to the Defendant’s exercise of his/her defense right.

유사 판례

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-청주지방법원 제천지원 2013.10.10 2013고단513

-전주지방법원 2013.11.27 2013고정563