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(영문) 서울북부지방법원 2013.11.21 2013고합287
특정범죄가중처벌등에관한법률위반(보복범죄등)
Text

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

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

Reasons

Punishment of the crime

On March 21, 2012, the Defendant, at the center of “F” operated by the victim E (here, 46 years of age) in Dongdaemun-gu Seoul Dongdaemun-gu (hereinafter “F”), was found to have left away from the main point of “F,” and caused bodily injury, such as tear, etc. in the number of treatment days, by making the victim’s head oral statement, and on March 27, 2012, the Defendant was charged with summary charges of KRW 3 million at the Seoul Northern District Prosecutors’ Office on March 27, 2012, and was transferred to the trial proceedings, and was considered to have received the Defendant’s writ of summons and a copy of indictment of the Defendant’s injury case on May 3, 2012.

On May 24, 2012, at around 01:00, the Defendant: (a) was subject to criminal punishment as above at the above main point above, and (b) came back with the victim, i.e., “a fine of KRW 300,000 for one year,” and (c) am back to the lower end, “I am at once. I am. I am. I am. I am. I am. I am. I am. at once. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams and statements in connection with the investigation of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements made by witnesses E in the second trial records of the Seoul High Court 2013No658 case;

1. E prosecutorial statement;

1. Statement E in the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Report on investigation (report on attachment of a written judgment imposed against a victim);

1. Application of Acts and subordinate statutes to E written statements;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 of the Act on Probation, etc.

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