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(영문) 부산지방법원 2016.03.29 2016고합34

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 punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2015, the injured Defendant was in charge of the repair of tear clothes in E laundry operated by the victim D (71 aged) located in Busan on October 17, 2015, and on the ground that the victim did not repair it, he was able to snife the victim’s face by drinking labing ebbbage and drinking the victim’s face at around 05:30 on the following day, on the ground that the victim did not repair it, and the victim was deprived of the victim’s face at the same place at around 05:30 on the same day, and caused the victim to go beyond the floor, thereby causing injury to the victim, such as brain, which requires medical treatment for about three weeks.

2. On January 7, 2016, around 21:55, the Defendant was investigated into the facts of the crime as provided in paragraph (1) at the risk police station located in the Dong-dong, Busan Metropolitan City on the Aggravated Punishment, etc. of Specific Crimes, with the intention of retaliation against the victim D (71 tax) who reported himself to the police.

On January 8, 2016, at the place specified in paragraph 1, around 00:0, the Defendant: (a) threatened the Defendant with the expression “to find out any cause attributable to the Defendant if he was a previous criminal record, and to die on the face of a fine,” stating that “the Defendant shall die if he was a previous criminal record; and (b) caused multiple copies of the victim’s face, trees, elbows, etc. to be drinking from 10:25 to 10:25 of the same day.”

As a result, the Defendant inflicted injury on the victim, such as cage cage cages, which requires approximately four weeks of medical treatment for the purpose of retaliation against the provision of the proviso of investigation and statements in connection with the investigation of his criminal case.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to D;

1. A medical certificate of injury, a report on seizure, and a list of seizure;

1. Application of Acts and subordinate statutes to reports on occurrence and investigation (No. 1, 4, 7, 11, 13, No. 13, the list of evidence);

1. Relevant Article of the Act and the point of selective injury to a criminal defendant: Criminal Act;