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(영문) 대구지방법원 포항지원 2013.11.18 2013고합10
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, Bodily Injury, etc.), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, Intimidation, etc.) committed assault against the victim’s residence without any justifiable reason on October 1, 2012 at the same time with the victim C (the age of 64). On November 15, 2012, the victim reported the said assault to the police and received a summary order of KRW 3 million from the Daegu District Court Port Support of the Daegu District Court on November

(a) around October 20, 2012, assaulting the victim’s breast part of his breast at his residence located in South-gu D, South-gu, Seoul-do;

B. On October 24, 2012, at the same time, the victim’s left arms are affixed to a unit where approximately two weeks of treatment is required by the victim’s left arms at his/her residence;

C. Around October 29, 2012, the victim made intimidation, etc., stating, “The victim made an offer of KRW 6 million in the amount of fine to be paid” to the victim at the victim’s residence: (a) knife; (b) knife the death; (c) the knife is 18 criminal records; and

D. Around November 3, 2012, the victim asked the victim to KRW 500,00 from the said victim’s residence; however, the victim assaulted the victim’s face by drinking on the ground that the victim refused it, and threatened the victim as “the dead person.”

Accordingly, the defendant committed violence, intimidation and injured the victim for the purpose of retaliation against the victim's reporting of the victim's assault or intrusion upon residence.

2. The defendant, for reasons such as the above-mentioned paragraph (1), has brought about the victim with respect to his or her residence or refusal to leave;

(a) Around October 14, 2012, 18:11, the victim’s residence does not appear to receive the victim’s request for delivery, and the victim’s request was not made, and the police dispatched upon receipt of the victim’s report is subject to eviction measures without justifiable grounds;

2.2

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