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(영문) 수원지방법원 평택지원 2019.01.25 2018고합165
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2016, the Defendant was sentenced to six months of imprisonment on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Suwon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Prison on April 15, 2017.

1. On August 10, 2018, the Defendant damaged the damage of property by destroying the cost of repair to KRW 380,000,000, on the ground that the victim C (n, 64 years of age) in Pyeongtaek-si B (n, f4 years of age) was in dispute with women-friendly districts, on the ground that the victim C (n, f4 years of age) was at the same place, and was at the victim’s free will.

2. On August 15, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) knew that the victim C made a statement to the police about damage to property under the above paragraph (1) at the place indicated in the above paragraph (1) at around 13:30, the Defendant: (a) knew that the victim C made a statement to the police; (b) in order to repay that damage, the victim made a statement; (c) stated, “I am about Chewing, I reported to the police; and (d) I am about I am about to the police”; (b) the victim made a son’s disease, which is a dangerous object on the table, was stored in the victim’s face, and caused the victim to gambling the ma, so that I am, regardless of the hole, I am.

Accordingly, the defendant injured the victim for the purpose of retaliationing the statement in relation to the investigation of his criminal case.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. C’s legal statement;

1. On-site and photographs of damaged goods, and detailed statements of transactions;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs and diagnostic records of victim parts;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 257 (1) of the Criminal Act, concerning the crime (a violation of the purpose of return);

1. Article 35 of the Criminal Act (limited to the proviso to Article 42 of the Criminal Act for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) among repeated crimes;

1. The Criminal Act among concurrent crimes.

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