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(영문) 의정부지방법원 고양지원 2019.02.19 2018고합243
폭행등
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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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating C in the case of Pakistan, and the victim D (V, 56 years old) is a person operating Eda on the first floor of the same building.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.) [2018Dahap243] The Defendant found the above "Eda" around 18:30 on September 5, 2018, and reported the victim's assault and assault as referred to in Article 1 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Edade"), and reported the victim's dismissal of prosecution following the victim D to the police, and took the victim's bath, and booms the victim's face with his hand, and booms the victim's face with his hand at around 19:20 on the same day.

Accordingly, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams in connection with his criminal case investigation.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.) [2019Gohap10] Around September 15, 2018, the Defendant assaulted the victim by hand at one time on September 15, 2018, when the victim D reported to the police as a crime of assault around September 5, 2018.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams and statements in connection with his criminal case investigation.

Summary of Evidence

[2018Gohap243]

1. Defendant's legal statement;

1. Each written statement of D;

1. A report on internal investigation (related to search for shots), and a list of 112 reported cases (three copies) [3 copies];

1. Defendant's legal statement;

1. Statement of D;

1. A criminal investigation report, the investigation of the other party concerned, and the application of statutes in writing;

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 relevant criminal facts and the selection of punishment for each specific crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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