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(영문) 서울동부지방법원 2014.09.30 2014고합257
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Before August 7, 2014, the Defendant, without any particular occupation, sent tobacco at the D Park located in Gangdong-gu Seoul Metropolitan Government, and around 10:18 on August 7, 2014, the victim E (24 years old) who is a security personnel belonging to the management office of Gangdong-gu Seoul, should not smoke. However, under the protection of many unspecified people in the park, the Defendant expressed the victim’s desire for 30 minutes, i.e., “a bit son, bitch son, son, son,” and boomed the victim’s neck.

Accordingly, the defendant openly insultingd the victim and assaulted the victim.

2. Around 13:00 on August 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (hereinafter “Aggravated Punishment, etc.”) found the above management office in order to take a retaliation against the victim on the ground that he was investigated by the police station by the victim E’s report regarding the crime under paragraph (1) at the place indicated in paragraph (1) of the same Article. A victim, who was patroled, was able to take a bath, such as “this chrop, chron, chrone equal to bit bit bits, son, etc.,” and was able to escape a disturbance for about 30 minutes, such as preventing the victim from proceeding by body, and displaying the victim’s drinking.

The Defendant continued to report the situation to the police officer who was dispatched, and explained the situation to the police officer, sent the victim's left face one time at hand, and when the above police officer was arrested as an offender in the crime of assault, the Defendant stated that "I am blick, I am blick, I am blick."

Accordingly, the defendant, by force, abused the victim for the purpose of any retaliation against the provision of a criminal investigation force, such as complaint or accusation, statement, testimony or submission of data, in relation to the investigation or trial of his or another criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each investigation report (which shall be of 26,37 pages) shall be subject to the law;

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