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(영문) 인천지방법원 2020.06.04 2019고합941
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

Around September 7, 2019, the Defendant, on the ground that the victim B (n, 65 years of age) was assaulted by the Defendant, and that the victim himself/herself could be subject to criminal punishment by reporting 112.

On November 8, 2019, around 00:25, the Defendant threatened the victim to the effect that it would inflict any harm on the victim’s life or body, such as “when he/she reported, he/she shall withdraw from his/her return, and her withdrawal, in a knife knife,” and assaulted the victim’s left shoulder.

As a result, the defendant committed assault and intimidation against the victim for the purpose of retaliation against the provision of investigation teams in relation to the investigation of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation (a copy of a written opinion);

1. Application of Acts and subordinate statutes to a copy of a 112 reported case handling table and a copy of case transmission sheet;

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 (1) of the Criminal Act of an order to attend a lecture or order to provide community service;

1. The scope of punishment by law: Imprisonment for six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] violence crime [the 7th category] assault for retaliation (including a special person who has made efforts to recover damage) or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigation area, reduction area of imprisonment from April to April 1 (the scope of the recommended punishment corrected according to the sentencing guidelines], and the scope of sentence recommended from June to April 1.

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