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(영문) 인천지방법원 2013.11.20 2013고합626
특정범죄가중처벌등에관한법률위반(보복범죄등)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2013, at around 17:20, the Defendant was a victim E (26 years of age) who was assaulted by the Defendant in the real estate located in the Nam-gu Incheon Metropolitan City C, and became a victim of violence to the Incheon Southern Police Station, and became a victim of the investigation.

At around 20:40 on the same day, the Defendant found the aforementioned D Real Estate, and got the victim “I report to the police without wrapping few and few few,” and got the victim’s face few at one time by hand, and fewd a part of the victim’s face.

Accordingly, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of punishment] 6 months to 15 years [the scope of recommendation ] Imprisonment 6 months to 6 months to 15 years, the violent crime group from 6 months to 1 year to 7 months, and the range of mitigation (a mitigation element: a person who is not subject to punishment, a person who is sentenced to imprisonment 4 months to 1 year and 1 year and 4 months) among assault crimes (a person who commits assault for the purpose of return). However, the minimum limit of recommendation is lower than the minimum limit of the punishment. Thus, the crime of this case in 10 months to 10 months of the decision of sentence, and a suspended sentence 2 years to 2 years is a case of assaulting the victim with the purpose of retaliation against him/her, and it not only threatens the safety of the victim, but also threatens the fairness of the investigation and trial procedures.

In addition, the defendant gets drunk while drunkly, the defendant flasing a fluor, avoiding a disturbance, etc.

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