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(영문) 서울서부지방법원 2013.09.05 2013고합133

특정범죄가중처벌등에관한법률위반(보복상해등)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 12, 2013, at around 23:10, the Defendant assaulted the victims in the victim D (n, 53 years of age) and the “F Public Notice Hostel” operated by the victim E (the age of 52) in Seodaemun-gu Seoul, Seoul, and was investigated by the police upon the victims’ report.

Thus, at around 23:50 on May 14, 2013, the Defendant found the victims on the fiveth floor of the above public notice telecom, and used the victim's head debt to the police, flicked the victim's body, flicked the victim's body, and flicked the victim's E loss.

Accordingly, the Defendant assaulted victims for the purpose of retaliation against one’s criminal case report, and committed the injury to the victim D, 6 and 7 times the left-hand side, which requires treatment for about 56 days, and the injury inflicted upon the victim E, which is not known of the number of treatment days, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A medical certificate;

1. The application of Acts and subordinate statutes to a criminal investigation report (including photographing victims on their upper parts), a criminal investigation report (Submission of a written diagnosis of injury of a victim), a criminal investigation report (Attachment to a copy of a letter of arrest of a flagrant offender dated May 12, 200), a criminal investigation report (a report on separate indictment attached to a

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the crime committed respectively;

2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Aggravated Punishment, etc.

3. Determination as to the defendant's assertion of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)

1. The summary of the argument is that the victim's head debt was knifeed, the victim's face was taken back by drinking, and the victim's hand was knifeed, but the victim's body was not supported by knife, and the purpose of retaliation was not taken.