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(영문) 전주지방법원 정읍지원 2013.09.25 2013고합30
특정범죄가중처벌등에관한법률위반(보복범죄등)
Text

Defendant

B The defendant A shall be punished by a fine of KRW 5 million, and the defendant A shall be punished by a fine of KRW 1 million.

Defendant

B and A shall be subject to each of the above penalties.

Reasons

Punishment of the crime

1. At around 22:30 on November 27, 2012, Defendant B found the victim I (36 years of age) who was seated on the back of the calculating point in Si/Eup/Myeon, and she mard the time amount, “Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, yous, and the victim “Is, Is, Is, Is, Is, ams, Is, Is, Is, ams, Is, Is, Is, ams, Is, Is, Is, ams, Is, Is, Is, Is, Is, Is, Is, Iss, Is, Iss, Is, Is, Is, Iss, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is, Is.

2. The Defendant used the victim’s face at a time and at the same time, and at the same place, when the dispute between the Defendant B and the victim I was satisfy, the victim satisfe and sate the Defendant’s chest, and satisfe the Defendant’s chest.

Summary of Evidence

1. The respective legal statements of the defendant B and A

1. Entry of each part of the defendant B and A in the first trial record;

1. The statements made by witnesses I and J in the second trial records;

1. The statements made by the witness J in the third protocol of trial;

1. The second written statement of the suspect examination protocol prepared by the prosecution against the defendant B;

1. Application of the Acts and subordinate statutes in which statements by J and I are written by prosecution;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. Determination of sentence against Defendant B: relatively minor conditions of assault favorable to a fine of KRW 5 million: A relatively minor previous offense, during a period of suspension of execution, and a victim's vision without any particular reason, causing the instant crime;

2. Determination of sentence against Defendant A: relatively minor assault, serious reflectivity, deposit of KRW 2 million in order to repay damage, and between Defendant B and the victim.

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