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(영문) 대구지방법원 2017.03.31 2017고합51
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who resides in No. 402 of the Daegu Northern-gu C building, and the victim D (37 tax) is a person who resides next 401.

1. Around October 23, 2016, the Defendant borrowed money from the victim’s house gate and borrowed money, and was arrested by a police officer who was dispatched after receiving a report by the victim and received an investigation into a flagrant offender and was in suspicion of committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. As such, the Defendant was willing to take a retaliation against the victim with respect to his or her religion.

On November 26, 2016, from around 10:00 to 13:30, the Defendant sent the entrance door to the above “C” No. 401, and the Defendant sent the door door to the door, and the Defendant revoked the complaint reported at a time with the width.

If so, it will not be continued.

If a complaint is withdrawn, it will go beyond the match.

“In the end, the victim was threatened, as well as the victim’s intimidation, from around that time to February 5, 2017, and from around 07:00 to around 07:00, the victim was threatened or abused for the purpose of retaliation for a total of seven occasions, such as the list of crimes in the attached Table.

2. Damage to property;

A. On January 28, 2017, the Defendant: (a) around January 28, 2017, from around 20:30 to around 22:00 on January 28, 2017, up to around 20:401 of the aforementioned “C”; (b) caused the instant victim’s entrance to be opened by drinking and spawneds; and (c) destroyed the said victim’s entrance to repair KRW 90,000,000.

B. On February 4, 2017, the Defendant committed a crime around February 4, 2017, around 16:00, destroyed the rooftop door owned by the owner of the said “C” multi-family house in a way that the repair cost amounting to KRW 500,000,000, on the front of the said “C” rooftop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. E statements;

1. Application of each Act and subordinate statute to report internal investigation (the details of report 112 on a 112-day), investigation report (the attachment to the table of the case to be reported), investigation report (related to additional statement of damage to the wife E, photograph of damage to property, etc.), photograph of damage to property, and written estimate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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