특정범죄가중처벌등에관한법률위반(보복상해등)
A defendant shall be punished by imprisonment for not more than ten 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.
Punishment of the crime
The defendant is a person who is in a de facto marital relationship from around December 2016 with the victim C (nive, 43 years of age).
On October 30, 2018, the Defendant was arrested as a flagrant offender at around 21:40 on the same day by a police officer who was dispatched after receiving a report from the victim, and was investigated by the Seoul Western Police Station on October 31, 2018. On October 31, 2018, the Defendant completed an investigation at the Seoul Seodaemun-gu Police Station around 00:36, and was released.
On October 31, 2018, immediately after the release, the Defendant returned to the above residence on October 31, 2018, and arrested a flagrant offender with 112 report, and opened a door to the police station after the victim was subject to an investigation. The Defendant opened the door to the front house and talked with the victim. The Defendant saw that “the victim was investigated by the police due to the inside of the house,” “the victim was under investigation by the police,” and called “the victim was faced with a dangerous object owned by the victim and the defendant.” On food, the Defendant opened two parts of the victim’s face and head at a time when the victim’s head was caught, and the hair was removed by a majority of the victim’s hair, thereby making the victim unable to know the number of days of treatment.
As a result, in relation to the investigation of his criminal case, the defendant injured the victim for the purpose of retaliation against reporting criminal facts.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning suspect interrogation of C by the prosecution;
1. Report on the release of a person under consideration (A);
1. 112 A list of reported cases;
1. Application of the Acts and subordinate statutes to photographs of victims, and photographs and photographs damaged and destroyed;
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;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection observation and: