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(영문) 서울중앙지방법원 2017.12.22 2017고합1143
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 10:00 on July 30, 2017, the Defendant found 112 damage report on the part of the victim D (V, 51 years old) who was located on the first floor of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (V, 51 years old) and rejected the victim's request even though he was under the influence of alcohol, and was diving in the said coffee shop, the Defendant did not comply with the eviction at around 17:55 on the same day with the fact that the victim was able to know the number of days of treatment.

Accordingly, the defendant injured the victim for the purpose of retaliation against the provision of investigation proviso in relation to his criminal case investigation.

2. In order to ensure that police officers dispatched after receiving 112 reports at the same place immediately after the crime was committed, the Defendant: (a) forced the victim to lock the entrance of the coffee shop and prevent the victim from suffering losses; and (b) prevented the victim from getting out of the entrance for about 15 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (F telephone conversations for a witness), investigation report ( telephone conversations for a witness G telephone), investigation report (to hear victim's D telephone statements);

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 257 (1) of the Criminal Act, and Article 276 (1) of the Criminal Act (the point of confinement, the point of punishment, and the choice of imprisonment)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the long-term punishments of each of the above crimes) shall be aggravated for concurrent crimes resulting from the crimes committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier;

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