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(영문) 의정부지방법원 2014.01.10 2013고합504
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On September 1, 2013, at around 01:30, the injured Defendant: (a) placed in the alleys near the C Apartment in Yangyang-si, Namyang-si, on the ground that the victim D (the victim D) sweeted with telephone conversations with the Defendant, and sweeted alcohol and tobacco, and sweeted off and sweeted off; (b) on the ground that the victim D (the victim D 16 years of age), sweeted the parts of the victim, such as the arms, legss, and legss, and sweeted down the parts for about two weeks.

2. 특정범죄가중처벌등에관한법률위반(보복폭행등) 피고인은 2013. 9. 2. 15:00경 E으로부터 전화로 피해자가 제1항 기재와 같이 폭행당한 사실을 경찰에 신고하였다는 말을 듣고 피해자를 찾아가 혼내주기로 마음먹고, 남양주시 F건물 304호 G 노래방에 있는 피해자를 찾아가 주먹으로 피해자의 몸통을 수 회 때리고 발로 다리 부위를 수 회 걷어찼다.

As a result, 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. Statement made to D by the police;

1. A H statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), 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. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated by concurrent crimes with the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, but to the extent that it

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year to 37 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of a sentence), violent crime, assault crime, and 7 types of assault;

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