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(영문) 서울서부지방법원 2016.10.05 2016고합252
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, retaliation is followed.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Western District Court on November 22, 201, and completed the execution of the sentence on April 19, 2014.

【Criminal Facts】

On June 8, 2016, the Defendant: “Around January 8, 2016, the Seoul Western District Court laid down a beer and beer’s disease on the bottom of the floor, wherein the Victim C (Age 72) collected around January 8, 2016.

“Around January 15, 2016, the crime committed an act of assaulting the victim and assaulting the victim for about three weeks of treatment” with the awareness that “the victim reported the Defendant on the ground that the victim reported the Defendant,” which was sentenced to a fine of KRW 5 million, was fluent, and that the victim was in need of a fine of KRW 5 million.”

1. On June 8, 2016, at the front of the victim’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 21:30 on June 8, 2016, the Defendant threatened the victim, i.e., by taking advantage of the victim’s resistance that the victim would have been able to leave the place of residence, i.e., the victim’s disuse in front of his/her residence, and that “the victim would have come to a fine of KRW 5 million due to bitch, bitch, bitbitch, bitch, bitch, and bitch,” and by threatening the victim, she seems to have been able to cause harm to the victim’s life and body.

2. On July 16, 2016, at around 16:30 on July 16, 2016, the Defendant threatened the victim, “In the front of the victim’s residence, a abolition has been made in front of the victim’s entrance, and there has been a fine of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

Accordingly, the defendant threatened the victim for the purpose of retaliation against the provision of a criminal investigation report, such as a complaint or accusation, statement, testimony, or submission of data, in connection with the investigation or trial of his/her criminal case two times.

Summary of Evidence

1. (Partial Statement) Statement of the defendant;

1. The defendant;

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