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(영문) 인천지방법원 2016.12.22 2016고합654
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of the Korea church in Incheon Nam-gu, and the victim D is the member of the above church. The defendant was suspected of having committed occupational embezzlement by consuming the church finance as supervisory election expenses by E and the defendant for the use of the church finance at the church supervision election expenses. On May 21, 2015, the defendant was sentenced to two years of suspended sentence of imprisonment in June, 2015, and had a good appraisal against the ordinary victim.

At around 10:20 on July 24, 2016, the defendant used the victim's desire to take care of the victim from the victim on the first floor of the Cridge, and assaulted the victim, such as the body being pushed by the victim, and continued to have governance in the elevator. When the suspension of execution is completed, the execution period is terminated."

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Recording records;

1. CCTV screen CDs or video files CDs at the scene of the assault;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment on relevant cases against a suspect);

1. Relevant Article 260 (1) of the Criminal Act and Article 283 (1) of the Criminal Act (the point of violence and the selection of fines) concerning the crime, the choice of punishment, and Article 260 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences under law: Fines of 50,000 to 7,500,000; and

2. Determination of sentence: The defendant, as the head of a church, committed the crime of intimidation with the victim who was accused of the crime of embezzlement of finance of the church, and the victim who was sexual intercourse with the victim, who committed the crime of intimidation with verbal abuse and the threat of harm and injury to the victim.

The defendant is subject to suspended execution by the court due to the crime of occupational embezzlement, etc.

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