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(영문) 서울북부지방법원 2019.07.19 2019고합164
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

Defendant shall be punished by imprisonment for a term of 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

The defendant is the husband of the victim B (here, 45 years of age).

On May 11, 2019, the Defendant, who assaulted the victim and received a report from the victim, arrested him as a flagrant offender and received an investigation by the police officer, with a view to raising a complaint against the victim and retaliationing him.

1. 특정범죄가중처벌등에관한법률위반(보복폭행등) 피고인은 2019. 5. 14. 18:00경 서울 중랑구 C 앞 노상에서 손으로 피해자의 머리채를 잡아끌고, 주먹으로 피해자의 머리 부위를 수회 때리고, 발로 피해자의 다리, 배 부위를 수회 찼다.

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.

2. Around 18:20 on May 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Refluences, etc.) and the Special Violence Defendant cited a knife (35cm in total length, 20cm in knife length) that is dangerous goods at the Defendant’s house located in D1st floor in Jung-gu Seoul, Jung-gu, Seoul, and caused the victim to die. The Defendant saw the victim’s hand by using a knife, etc., and knife the knife of the victim’s hand, etc., and knife the knife of the victim by drinking.

As a result, in relation to the investigation of his criminal case, the Defendant committed violence against the victim by carrying dangerous objects with the aim of retaliation against the provision of investigation teams and statements.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each written statement prepared B;

1. Letters of arrest of flagrant offenders (A) and written confirmation (A);

1. In relation to the investigation report (as to the knife, the knife as evidence), investigation report (the contents of telephone conversations with his wife), investigation report (the sending of a case and written opinion, etc. attached), investigation report (the attachment to the 112 Report Report List), investigation report (the 112 Report Report Report List), investigation report (the knife F telephone conversations), investigation report (the knife photo and field photo of the knife), on-site photo of the investigation report, and on-site photo of the knife, and CD attachment.

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