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(영문) 서울남부지방법원 2020.05.22 2020고합137
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. On September 13, 2019, the Defendant committed the crime at around 21:00 on September 21, 2019, and around September 21, 2019, at the “C” restaurant located in Yangcheon-gu Seoul Metropolitan Government B and the 1st floor, the Defendant d (48 years of age) was involved in the crime committed by the victim, and was investigated by the police around August 28, 2019. The Defendant was issued the head of the victim at one time as to the above assault case.

Accordingly, the defendant committed violence to the victim for the purpose of retaliation against the reported crimes in connection with the investigation of his criminal case.

B. On September 13, 2019, the Defendant committed a crime around 23:40 on September 13, 2019: (a) when around 23:40 on September 13, 2019, the said victim D re-constition at the above restaurant, the victim was the Defendant’s above.

The police called out and investigated the victim in relation to the assault of resistance, and the victim's humnasium, the victim's humnasium, the victim's humnasium, the victim's humnasium, and the victim's humnasium, the victim's humnasium, the victim's humnasium, the victim's humnasium, and the victim's humna

Accordingly, the defendant committed violence to the victim for the purpose of retaliation against the reported crimes in connection with the investigation of his criminal case.

2. On September 13, 2019, from around 21:15 to 21:25 of the same day, the Defendant interfered with the business of the victim’s restaurant at the “C” restaurant operated by the victim E in Yangcheon-gu, Seoul, and the first floor from around 21:15, the Defendant interfered with the business of the victim’s restaurant by force by avoiding disturbance, such as: (a) the police officer in receipt of the Defendant’s report on the Defendant’s assault was dispatched to the said restaurant on the ground that he was called out by the said restaurant; (b) the police officer in receipt of the Defendant’s assaulted the victim; and (c)

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1.Report on internal history (victim's photographing) and accompanying materials, and report on internal history (CCTV);

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