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(영문) 창원지방법원 2020.04.09 2019고합272
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the commercial building in Kimhae-si, and the victim C (V, 62 years old) is a person who is operating a restaurant of the trade name "D" by leasing a part of the room of the above building.

On October 2019, the Defendant asked the victim to raise the monthly rent of KRW 900,000 from KRW 900,000,000, but was rejected, thereby raising a complaint against the victim.

1. On October 23, 2019, the injured Defendant: (a) stated that the victim “D” referred to as “d,” but the victim neglected it; (b) caused the victim’s injury, such as fingers that need to be treated for about 14 days, and tensions and tensions in the part where the victim’s breath, flads, and flads the victim’s breath, and then flads the victim’s breath, and then flads the victim’s hand over the floor.

2. On October 23, 2019, the Defendant was arrested in a flagrant offender at police around 21:30 on the grounds that he found him in the aforementioned “D” around 19:00, and that he was arrested in a flagrant offender at around 21:30 on the same day, and he was released at around 21:30 on the same day.

At around 22:30 of the same day, the Defendant expressed that the victim in the main room “D,” was expressed as “the victim who was in the main room at one time,” and used the victim’s satis at one time, and used the victim’s satis by satisfing the sats of the victim’s satisf, and assaulting the victim by bating the victim’s bats.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to C;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment), 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. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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