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(영문) 수원지방법원 안양지원 2020.06.26 2020고합58
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On May 17, 2019, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the Gyeyang District Court, and completed the execution of the sentence in the Ansan Prison on March 2, 2020.

【Criminal Facts】

The defendant was a victim B (n, 55 years of age) and a relationship with the victim B.

At around 16:20 on April 17, 2020, the Defendant reported to the Gyeyang-gu Police Station within the Gyeyang-gu Police Station to the effect that the victim was subject to intimidation from the Defendant around 16:00 on the same day, and received a warning for sexual assault in the said district on the ground that the victim was subject to intimidation from the Defendant at around 16:00 on the same day, and led the Defendant to knife the knife of the knife used by the victim, twice the head of the knife and the knife of the knife of the knife with the two hand.

As a result, the defendant assaulted the victim for the purpose of retaliation against the victim's report in relation to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigative report (Attachment of a warning letter of fry violence);

1. Previous records of judgment: Criminal records, investigation reports (verification of repeated crimes and attachment of the same kind of power), personal confinement status, application of three copies of judgment and other Acts and subordinate statutes;

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 of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to fifty years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] violent crimes [type 7] assault for retaliation (including a special person) for the purpose of retaliation: The element of mitigation of punishment (including a serious effort to recover damage) or considerable damage: Aggravating factors: A same repeated crime (excluding the category of repeated assault in the category 6] [referring to the area of recommendation and the scope of recommendation] mitigated areas, and April through April.

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