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(영문) 서울중앙지방법원 2020.10.30 2020고합750
특정범죄가중처벌등에관한법률위반(보복폭행등)등
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 became final and conclusive.

Reasons

Punishment of the crime

The facts charged were partly revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

On June 22, 2020, the Defendant stated that at around 16:40 on June 16, 2020, the victim B (Nam, 64 years of age) reported the Defendant’s drinking driving to the police on June 18, 2020, around 18, 184 Ga-ro 4 Ga-ro, Jung-gu, Seoul, Jung-gu, Seoul, about 184, Ga-ro 8, Ga-ro, Ga-ro, 184, Ga-ro, Ga-ro, 184, Ga-ro, Ga-ro, Ga-ro, Ga-ro, Ga-gu, Seoul, the Defendant stated that the Defendant: (a) was dissatisfied with the Defendant’s complaint; (b) and

As a result, the defendant, in relation to the investigation of his criminal case, threatened the victim with the purpose of retaliation against the provision of investigation teams and statements.

Summary of Evidence

1. Defendant's legal statement;

1. B The application of the police statement statement report (related to the field search), investigation report (Attachment to the processing records of the 112 reported case), investigation report (Attachment to the processing records of the 112 reported case), and the Act and subordinate statutes

1. Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 283 (1) of the Criminal Act, Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act (a crime committed for the purpose of return);

1. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., are based on a single criminal intent, and the same opportunity and place are continuously made to the same victim within a short period of time, and are assessed as one act by law, and other crimes are protected legal interests and characteristics of each of the above crimes, it is reasonable to see that each of the above crimes is in a commercial concurrent relationship.

Seoul High Court Decision 2009No1944 decided October 22, 2009 and Seoul High Court Decision 21 November 21, 2014.

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