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(영문) 전주지방법원 2014.06.26 2014고합41
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on January 23, 2014, the Defendant, at the point of “E” located in the D market located in the Yansan-gu Seoul Metropolitan City, was drunk, without any justifiable reason, she voluntarily driven the face of the victim F (44 years of age) to the south-gu area, and returned to the Defendant. On the same day, at around 14:00 on the same day, the Defendant provided the victim’s bath at the same place and reported to the police. The Defendant provided the victim’s face by knife, knife the knife, knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of the statutes, such as photographs, photographs, photographs of victims, and photographs of victims at the scene of crime;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for probation, community service or lecture attendance

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. Scope of the recommended sentence according to the sentencing guidelines (determination of a type), group of violent crimes, assault crimes, and types 7 (Assault for Purpose of Duplicing) [Scope of Recommendation] Reduction Area: Imprisonment with prison labor for April to 1 year [the scope of the corrected recommended sentence] from one year to four months (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the lowest limit of the applicable sentencing range in law, so the lowest limit of the applicable sentencing range in law shall apply).

3. Determination of sentence: One year of imprisonment, and three years of suspended sentence, the crime of this case in connection with his criminal case, shall be deemed to have been committed for the purpose of retaliation upon finding a person who has reported in connection with his criminal case.

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