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(영문) 대구지방법원 포항지원 2014.06.02 2014고합20
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2014, the Defendant was arrested on the charge of “E cafeteria” operated by the victim D (Woo, 55 years of age) in South-gu, Nam-gu, Seoul at the port on February 15, 2014 as “a assaulted at the time of the victim’s scambling at around 19:30 on February 15, 2014,” which was based on the victim’s police report.

On February 15, 2014, at around 21:30 on February 15, 2014, the Defendant was transferred to the Portnam Police Station and was investigated as a suspect of the above assault case, and was released on February 15, 2014.

2. The Defendant: (a) found the victim’s emotional distressed by the victim D on February 16, 2014 in the “E restaurant” around 00:40 on February 16, 2014; and (b) took the victim’s bath while taking the victim’s bath at one time.

As a result, the Defendant assaulted the victim for the purpose of retaliation against the provision of investigation orders related to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the victim about the situation immediately before the second assault);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than one year nor more than thirty years; and

2. The sentencing criteria [decision of types] for violence crimes of category 7 (Assault for Purpose of Duplicing) [Special Sentencing] and the mitigated area of punishment [decision of the recommended area] [decision of the recommended area] mitigated area (decision of the recommended area], four months to one year and four months of imprisonment.

3. The sentence of sentencing is ordered in consideration of the following factors: (a) the defendant who made the decision of sentencing led to the confession of the facts of the crime of this case while committing the crime of this case; (b) the victim does not want the punishment of the defendant; (c) the defendant has caused the crime of this case by contingency; (d) the defendant has no particular criminal record in addition to the fine; and (e) the age, character and conduct

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