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(영문) 춘천지방법원 강릉지원 2015.05.21 2015고합17
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

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

However, 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

On December 15, 2014, the Defendant, at around 13:20 on 15, 2014, committed assault against the victim on the ground that the victim’s satise C and the satsaw satise satis on the ground that the victim’s satise would speak against the victim, with the Defendant’s 112 report defect and the victim’s satise satisfy.

피고인은 2014. 12. 15. 15:00경 위 ‘버드나무공원’에서, 피해자가 위와 같이 112신고를 하였다는 이유로, 손으로 그곳 공원 벤치에 앉아 있던 피해자의 멱살을 잡아당기고, 피해자를 바닥에 밀어 넘어뜨린 후, 피해자에게 “야 새끼야 너 죽어, 신고하지 마라, 뭘 신고를 해”라고 말을 하면서 피고인이 들고 있던 종이컵에 담긴 소주를 피해자의 얼굴에 뿌리는 등 폭행하였다.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of a criminal investigation report, such as accusation or accusation, statement, testimony or submission of data in connection with the investigation of his/her criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each photograph (investigative record 7,28 pages);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Six months to fifteen years; and

2. Application of sentencing guidelines [Determination of Types] 7 (Assault for the Purpose of Retaliatory) and 7 (Assault for the Purpose of Retaliatory) - Where the degree of violence is minor, the amount of punishment not to be imposed - increased factors: Victims who are vulnerable to the crime [Determination of the recommended area] mitigated area [Determination of the recommended area] mitigated area [Determination of the recommended area] from April to one year and four months [Suspension of Execution].

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