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(영문) 서울동부지방법원 2012.12.06 2012고합505
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On September 20, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Seoul Eastern District Court on September 20, 2012, and the said judgment becomes final and conclusive on the 28th of the same month and is currently

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the Act on the Aggravated Punishment, etc. of Specific Crimes) found the victim's house of the victim No. 110 Dongdong apartment No. 1201 on September 29, 2012 that the defendant was detained due to the crime of assault, etc. by 112 reported by the victim C (the age of 63) and was released after being sentenced to the suspended sentence as above. Around September 17, 2012, the defendant found the victim's house of the victim No. 110 Dongdong apartment No. 1201 on September 29, 2012, he did not go against the victim's life and body. By the end, the victim's life and body continued to die from the date when he reported to the victim and reported to the victim's 13th day.

Accordingly, the defendant threatened the victim with the purpose of retaliation in relation to the investigation or trial of his criminal case.

2. In light of the victim C’s legal statement, investigation report (inward investigation), etc. that was installed adjacent to the victim’s house entrance at around 22:45 on the above day when the Defendant threatened the victim, the exact location where the bicycle was installed seems to be between the victim’s residence (the above apartment No. 1201) and the above apartment No. 1202 and 1203 around the entrance.

The victim is the victim who finds a bicycle owned by the above victim, damages a bicycle chain due to the discovery of the bicycle, breaking up the bicycle, taking it out, etc., and then damages the chain, etc. at the repair cost of the chain, etc.

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