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(영문) 춘천지방법원 강릉지원 2019.05.23 2019고합7
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

At around 18:00 on December 27, 2018, the Defendant reported the Defendant to the police by the Defendant, and was subject to quarantine measures and solicitation of returning home from the police officer called the Defendant’s office at around 18:20 on December 27, 2018, the Defendant committed assault against the victim for the purpose of retaliation against the provision of a criminal investigation report, such as accusation or accusation, in relation to the investigation or trial of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim;

1. The application of the Act and subordinate statutes to a report on investigation (a photograph and evidence list No. 7);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the purpose of retaliation [the category 7] assault for the purpose of retaliation (the special person in special form] - the mitigated element: the degree of assault is minor (the degree of assault is included in the category 1, 6, and 7), the source of punishment not to be imposed (including efforts taken for the recovery of damage), or the recovery of considerable damage [the scope of the recommended area and the scope of the recommended punishment] special mitigation area, February through January 14 (the scope of the recommended punishment corrected according to the sentencing guidelines] imprisonment from 6 months to 14 months (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum applicable sentences).

3. The defendant to whom the sentence is to be pronounced has the time to commit the instant crime.

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