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(영문) 의정부지방법원 2018.10.18 2018고합190
특정범죄가중처벌등에관한법률위반(보복폭행등)
Text

The prosecution of this case is dismissed.

Reasons

The acquittal portion (the point of retaliation assault)

1. On April 21, 2018, the Defendant: (a) under the influence of “C” on the main point of “C” located on B B of Macheon-si, Mancheon-si, Mancheon-si, without any justifiable reason, assaulted the victim D (65 tax) by threateninging the victim; (b) breaking the victim’s bed with a bomb; and (c) assaulting the victim’s breath with a breath, etc.; (d) on April 21, 2018, the Defendant was subject to a simplified investigation, such as preparing a written statement accompanied by the police officer dispatched to the above main point by the 112 report by a witness on April 21, 2018 and taken measures for returning to Korea.

At around 02:40 on the same day, the Defendant discovered a victim who was returning home from the stairs of the above main building and reported the victim to the police on the ground that the victim was reported to the police.

‘Affort, fford, fford, fford the victim’s clothes at once by drinking, and assaulted the victim’s clothes at once.

As a result, the Defendant assaulted the victim for the purpose of retaliation against the provision, statement, etc. of investigation proviso in relation to the investigation of criminal cases.

2. Determination

A. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides for the provision of the proviso to an investigation, such as a complaint or accusation, in relation to the investigation or trial of his/her or another person's criminal case, or the provision of the proviso to an investigation, such as a complaint or accusation, the purpose of retaliation for the submission of testimony or materials, or the provision of a statement, testimony or materials, such as a complaint or accusation, or the cancellation of a complaint or accusation, or the submission of a false statement, testimony or materials, under the Criminal Act, the crime of assault or intimidation, etc. is punished by imprisonment with prison labor for more than one year greater than the statutory penalty under the Criminal Act

In this context, the issue of whether an actor had such an objective is a person’s age and occupation, personal factors such as the motive and process of the crime, means and method of the crime, contents and mode of the act, personal relationship with the victim, and circumstances before and after the crime.

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