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(영문) 서울서부지방법원 2014.01.09 2013고합381
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. Around 20:30 on July 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) threatened the victim D (the age of 54) in Seodaemun-gu Seoul, Seoul, with “Ecar Paf” on the ground that the victim does not drink, and obstructed operations, such as scarf, etc., that scarfs go beyond chemical powder and scarfs in the above Kafs, but, upon receiving the police investigation upon the victim’s report, attempted to take a retaliation against the victim.

After completing the police investigation at around 23:20 on the same day, the Defendant found in the above Ecar Paf immediately and found the victim “a fine of KRW 500,000,000 is cut out. Safafafafafafafafafafafafa.....” The Defendant got out of the above Ecar Pafafafa, resulting in the victim’s head and death.”

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of the victim's investigation request and statement in connection with his criminal case investigation.

2. On July 23, 2013, at around 23:20, the Defendant assaulted D, such as Paragraph 1, on the road near the above Ecarpet on July 23, 2013, the victim F (n, 19 years of age) and the victim G (n, 19 years of age) who were in his/her place, are her terminal, and the victim F "I would like to die, I would like to die, I would like to see. I would like to see. I would like to die, I would like to see the victim F's arms in his/her hand, and when I would like to her head on one occasion.

Accordingly, the defendant assaulted victims respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement about D and G prepared by the public prosecutor;

1. Statement of the F prepared by the police;

1. Application of Acts and subordinate statutes to investigation reports (a summary indictment attached);

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act (the point of such violence) / Article 260 (1) of the Criminal Act (the point of violence and choice of imprisonment) of each Criminal Act.

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