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(영문) 수원지방법원 안산지원 2019.05.17 2018고합308
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 9, 2018, the Defendant reported to the police on suspicion of assaulting the Victim B (V, 50 years of age) and received an investigation, and demanded the victim to reach an agreement, on September 12, 2018, around September 14:40, 2018, the Defendant: (a) demanded the victim to reach an agreement, or (b) demanded the victim to set up and request the agreement; (c) the victim refused it; (d) the victim refused it; and (d) the victim was boomed with the victim by hand.

As a result, the defendant assaulted the victim for the purpose of revoking the complaint in relation to his criminal case or having him submit false data.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements on telephone conversations);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) and violent crimes;

3. Reduction elements of assault crime in the category 7 (Assault for Purpose of Retaliatory ): Where the degree of assault is insignificant (Categories 1, 6, and 7) (the scope of recommending punishment), mitigation area), reduction area, from April to 1 year (the scope of corrected recommended punishment), from June to April (the lowest limit of the applicable punishment in the form of law).

3. Determination of sentence: The crime of this case in June is committed again by the defendant on the grounds that the defendant was faced with plastic physical disease and assaulted against the victim, and that the victim does not make an agreement to investigate the victim upon a report by the victim, and the nature of the crime is not good in light of the circumstances and contents of the crime.

The defendant has a record of criminal punishment several times, including punishment for violent crimes, and in particular, a special assault crime, etc.

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