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(영문) 인천지방법원 부천지원 2013.10.18 2013고합176
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around April 17, 2012, the Defendant assaulted C on the ground that it is bad for the Defendant to be drunk, and received a fine of one million won in the Busan District Court’s Deputy Branch on May 31, 2012, and on the ground that C was punished due to the reporting of the said assault case, around April 24, 2012, the Defendant insulting C and was issued a fine of one million won in the same court on June 5, 2012.

In addition, on September 13, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) in the Busan District Court's Branch Branch on September 13, 2012 and completed the execution of the sentence on December 24, 2012.

1. Around 16:50 on June 21, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) refers to a huge amount of water that the victim C continuously reported the Defendant and was punished by the Defendant (hereinafter referred to as “the victim”) and laid down the ground floor and throw away the sat around the sat (1.2m in length). Around 16:50 on June 21, 2013, the Defendant laid down the satis of the victim’s shoulder and the satis, respectively, once.

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

2. On July 17, 2013, the Defendant, at F Park in Seocheon-gu, Seocheon-gu E, refused the Defendant’s request that the injured party G (the age of 81) drink alcohol. On the ground that the Defendant refused the Defendant’s request, the Defendant, on board the wheelchairs, she threatened the victim’s face, who is unable to move on the wheelchairs, with the wheeler’s hand, and carried 1,000 won, where the victim was frighted at the victim’s implied seat.

Accordingly, the defendant received the property of the victim by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G and part of witness H’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to C by the police;

1. A report of investigation, a witness to an investigation, a witness to an investigation, and a witness.

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