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(영문) 인천지방법원 2013.10.23 2013고합554
특정범죄가중처벌등에관한법률위반(보복범죄등)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On November 29, 2007, the Defendant was sentenced to imprisonment with prison labor for 5 years and fines of 300,000 won for murder, etc. at the Incheon District Court, and completed the execution of the sentence at the Seoul Southern Prison on February 20, 2013.

(hereinafter referred to as “previous case.” The Defendant, on the ground that the Victim C (V, 59 years of age) in the previous case was sentenced to an excessive sentence by making a statement as the victim at the time of investigation, was sentenced to an excessive sentence, sentenced to injury to the victim.

On March 8, 2013, at around 16:13, the Defendant unilaterally cut off the victim’s phone from E located in Bupyeong-gu Incheon Bupyeong-gu, Incheon but did not receive all the victim, the Defendant found the victim’s phone at around 16:4 and around 16:47 of the same day, but did not receive all the victim. On the same day, around 17:00 of the same day, the Defendant found the victim’s door-to-face operated by the victim in Bupyeong-gu, Incheon, and did not reach an agreement at that time, and led the victim to live for a longer time in the correctional institution as it did not reach an agreement. The Defendant said, “The inside of the correctional institution will bring the width into the back.”

As such, the Defendant threatened the victim with the purpose of retaliation against the Defendant’s criminal investigation and statement of damage related to the trial.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement concerning C and F;

1. Copy of the statement of C;

1. CCTV photographs and CCTV data video;

1. Before ruling: Application of Acts and subordinate statutes to the current status of acceptance by individuals and investigation reports (Attachment to a judgment);

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 (1) of the Criminal Act concerning the crime;

1. Judgment on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act (limited to the proviso of Article 42 of the Criminal Act) among repeated crimes

1. The summary of the argument is that the victim, while finding out the side-to-face operated by the victim for the fraud, has reached an agreement in the previous case when the victim divided conversations with the victim.

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