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(영문) 서울동부지방법원 2018.10.25 2018고합200
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of the right of defense, part of the facts charged was revised in accordance with evidence relations.

The defendant is a relationship between the victim B (n, 44 years of age) and the relationship between the victim B (n, 44 years of age).

On November 3, 2017, the Defendant received a summary order of KRW 1 million as an assault against the victim at the Seoul Eastern District Court, and on February 2, 2018, the same court issued a summary order of KRW 2 million as an intrusion upon the victim’s residence.

The defendant had been subject to criminal punishment on several occasions due to the reporting of the victim, and had the victim feel with respect to his or her respect to his or her respect and found the victim.

1. Around 07:00 on April 4, 2018, the Defendant intrusiond the victim’s residence by entering the victim’s park in Songpa-gu Seoul Metropolitan Government through the entrance of the lending door in consideration of the victim’s life, and then the up to the second floor using the joint stairs invaded the victim’s residence.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence assault, etc.) was subject to a fine of KRW 2.8 million due to the victim’s invasion upon the victim’s residence, as set forth in paragraph 1, and the victim was punished by a fine of KRW 2,80,000,000 due to “C

“The victim’s grandchildren were keeped once by hand, and the victim committed assault, such as booming the left side at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution and police concerning victims B (the list Nos. 3 and 8 of evidence);

1. Application of Acts and subordinate statutes to investigation reports (report on binding such as a summary order and a copy of non-prosecution warrant, attachment of the same kind of case to the victim B, confirmation of statements by the victim);

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 260(1) of the Criminal Act, and Article 319 of the Criminal Act.

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