(영문) 서울남부지방법원 2018.02.23 2017고합574

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Reasons

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줄 간격

자간(%)

(영문) 서울남부지방법원 2018.02.23 2017고합574

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

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

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

Reasons

Punishment of the crime

On October 16, 2017, the Defendant assaulted the Victim C (48 tax) residing in the same Gosiwon around 20:45 on October 16, 2017, and the victimized person reported the Defendant to the police and returned to the police station after undergoing an investigation at the police station on the same day.

1. On October 17, 2017, the Defendant: (a) around the elevator of E Gosiwon located in Gangseo-gu Seoul Metropolitan Government, on October 17, 2017; (b) around the elevator of E Gosiwon, the injured person reported to the police as above, and (c) took 6 times the injured person’s chest and was tightly fluord with his chest, and tried to threaten the injured person to see, and (d) the injured person “on the same report, the injured person will not leave four things from the Gosiwon.”

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

2. On October 21, 2017, the Defendant: (a) around 17:34, at the Esiwon’s corridor on October 21, 2017, the victim reported to the police as above, and (b) took a knife and knife with the victim for the purpose of retaliationing the victim’s knife and knife that the victim reported to the police; and (c) took 50 knife and knife with the same knife and throw away knife; and (d) assaulted the victim’s left knife two times with the victim’s chest knife and knife on one occasion by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Reports on internal investigation conducted by the police;

1. Application of Acts and subordinate statutes to a police investigation report (on-site investigation);

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의9 제2항

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