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(영문) 창원지방법원 진주지원 2017.11.28 2017고합85
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2017, the Defendant damaged the victim’s property by walking the entrance of “D” office located in “D” office in Jinju-si around 02:20 on October 19, 2017, which the victim E manages, 3-4 times at the Defendant’s exit so that the repair cost of KRW 282,00 is 28,000.

2. A defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence assault, etc.) reported by the above victim E at around 06:20 on the same day to the Jinhoho-gu Office in the Jinho-gu Police Station on the same day, and made a statement of damage around 03:40 on the same day, he/she was investigated by the suspect and found in the above office, and then found him/her in the above office, and "I am, ice, ice, sark, sark, out of the above office."

“The victim’s left side of the victim’s drinking she saw the victim’s sound at one time.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of the proviso of investigation and statement in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A report on investigation (as to the statement of a wooden person);

1. Application of the Acts and subordinate statutes to the damaged entrance, photograph and estimate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the Punishment of which is heavier than punishment, to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than six months to not more than six years; and

2. The sentencing criteria shall be based on; and

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