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(영문) 울산지방법원 2018.04.13 2017고합389
특정범죄가중처벌등에관한법률위반(보복폭행등)등
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

1. On August 31, 2017, from around 14:47 to around 18:42, the Defendant appeared to have an attitude of causing any harm to the victim, such as the Defendant’s house located in Yangsan-si C, and the victim D (58 taxes)’s violation of the farmland law, and the Defendant accused the victim of the violation of the farmland law, and called “nickly accused of Nan, Chewing, Chewing, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Accordingly, the defendant threatened the victim with the purpose of retaliation for the provision of investigation such as accusation in relation to the investigation of his criminal case.

2. Around 18:45 on August 31, 2017, the Defendant who intrudes upon a residence entered the victim’s dwelling room via the entrance opened for the reason that the Defendant continued to telephone the victim, but did not receive the telephone.

Accordingly, the defendant invadedd the victim's residence.

3. The Defendant violated the punishment rate on the aggravated punishment, etc. of specific crimes (brupt assault, etc.) at the time, place, etc. stated in the facts charged against the Defendant, who accused himself as a violation of the laws on the farming and fishing villages, etc., stated in the Defendant’s charge as follows: (a) the Defendant accused him as a victim of the violation of the laws on the farming and fishing villages; (b) the Defendant accused him as the victim, and (c) the Defendant accused him as his hand,

As a result, the Defendant assaulted the victim for the purpose of retaliation against the provision of investigation such as accusation in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act (the purpose of retaliation) and Article 319(1) of the Criminal Act (the point of intrusion upon residence, choice of imprisonment), Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act.

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