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(영문) 서울서부지방법원 2013.04.04 2012고합553
특정범죄가중처벌등에관한법률위반(보복범죄등)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 became final and conclusive.

(e).

Reasons

Punishment of the crime

Between November 22, 2008 and June 17, 2012, the Defendant reported to the investigation agency that the victim damaged and threatened the car of the victim C(the age of 46) who was not good in the ordinary sense, and caused the victim to be subject to criminal punishment.

On October 3, 2012, at around 13:30 on October 3, 2012, the Defendant: (a) sought a victim hospitalized due to a traffic accident; (b) requested the victim to cancel the complaint; and (c) to revoke the complaint.

As a result of refusal, the victim's head, chest, etc. are taken several times by hand, the victim's left side, the bridge, the ship, etc. are walking several times by hand, and the victim needs to be treated for about two weeks.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each written statement of the police officer C and E;

1. Each written statement prepared by the F and E;

1. Application of Acts and subordinate statutes of a medical certificate of injury in the preparation of G;

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the crime;

2. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence.

1. Scope of recommendations on the sentencing guidelines: Imprisonment with prison labor for one year or two years (the determination of a sentence): Reduction element of retaliation [special sponsor] mitigated element of punishment (including serious efforts to recover damage) or where considerable damage has been recovered, the aggravated element of punishment - the victim [the scope of recommendations] who is vulnerable to the crime [the scope of recommendations] basic area - one year or two years [the main reasons for suspended sentence] negative - the victim who is vulnerable to the crime, the victim who is vulnerable to the crime - the positive motive for the crime - the victim who is minor injury, the victim who is not guilty of the crime (including serious efforts to recover damage] suspended sentence / sentenced to suspended sentence

2. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the victims of this case.

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