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(영문) 서울서부지방법원 2017.01.18 2016고합372
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

The Defendant, on September 2016, 2003, 201 Gohap 372, followed by frequent assault against the victim (e.g., 46 years of age) and marriage with the victim, sent home protection cases more than twice, and lived separately with the victim’s access to his/her residence, etc., and re-resident from the end of September 2016.

On October 28, 2016, at the defendant's house located in Seodaemun-gu Seoul, Seodaemun-gu D, 108 1202 Dong 1202 around 08:15 on October 28, 2016, the defendant, upon the victim's report, received the case of assaulting the victim on or around 03:00 on the same day, and entered the police station for the purpose of retaliationing the victim who was investigated by the victim and returned home, and thereby locking the victim's visit, and "I discovered the death of the width, reported D Na to the police, and reported D Na to the police."

The term "not to be extended" means that the floor of the victim was closed at the time of the victim's back head and the lower part of the victim.

As a result, the Defendant assaulted the victim for the purpose of retaliation against the provision of the proviso of investigation such as accusation, statement, testimony, or submission of data in connection with the investigation of his criminal case.

“F” located in Seodaemun-gu Seoul on June 25, 2016 at around 02:00 on June 25, 2016, the Defendant: (a) whether the Defendant was under the influence of alcohol, even though he did not pay the value of the goods to the Victim G (M, 20 years of age) who is an employee; (b) whether the Defendant was unable to pay the value of the goods;

There is a big difference between beer and tobacco, and among the customers, two customers who are in the place are able to be able to get out of the convenience store, thereby obstructing the victim's convenience store business for about 15 minutes by force.

Summary of Evidence

"2016 Gohap 372"

1. Statement by the defendant in court;

1. C 2016 Gohap 383: Statement of Police Statements (Evidence List 1);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 5-9 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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