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(영문) 서울남부지방법원 2016.09.09 2016고합378
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant had been aware of the Victim C (Y, 51 years of age) and about six years of age, and the Defendant had been running a “E dan” in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and lent KRW 20 million out of its operating funds to the Defendant.

In light of the fact that the injured person is running the above danran, the Defendant suspected of having a relationship with the injured person and male customers, and led the injured person to bullying. In order to escape from the Defendant’s interference, the Defendant decided that the injured person would no longer participate in the entertainment business in return for the Defendant’s total amount of KRW 20 million borrowed from the Defendant around June 2016.

1. The Defendant, at around 04:20 on June 26, 2016, issued a complaint by the victim on the grounds that the victim, at the above danran bar around 04:20 on the grounds that the victim was friendly to other customers and neglected himself/herself, and that he/she was frightd, he/she would be able to spread his/her sexual relation pictures to other customers from the date of “(if the victim

In this regard, he will have friended to his father (a person who was injured) before the past.

“In the end, the victim threatened the victim.”

2. On July 6, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.) committed a police investigation by carrying a kitchen knife, which is a dangerous thing at the above danran bar, and threatening the victim, who was dissatisfied with the police investigation on July 14, 2016, and was found to have a mone (65 cm in length) prepared in advance at the above danran bar and was detained as attempted murder by the victim.

“In doing so, the victim’s head and body were expressed in several times with the said monmons, and the victim was injured by a head covering for about 14 days in need of medical treatment.

Accordingly, the defendant injured the victim for the purpose of retaliation in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with regard to C;

1. C.

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