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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On July 7, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months for violating the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act in the Gwangju District Court's branch office, and the judgment became final and conclusive on July 15, 2016.
【Criminal Facts】
The defendant and the victim C (n, 46 years of age) were living together from December 2, 2014 to January 23, 2016.
On May 29, 2016, the defendant reported to the police for the suspicion of assaulting the victim and asked the victim to reach an agreement to receive the investigation.
On June 23, 2016, at around 00:05, the Defendant made phone calls to the victim in the vicinity of the above E, and demanded the victim to prepare and change a written agreement, and, on the ground that the victim did not prepare the written agreement, the Defendant took a bath to the victim “A fine has been made due to the fact that he was aware of the act of fine in the inside and outside, so a fine has been made to the victim,” and the Defendant took a bath to the victim “the same year as the gluor,” and her hand took six times the victim’s buck with the victim’s shoulder, hand, hand, flap, and flap, etc.
Accordingly, the defendant injured the victim for the purpose of cancelling a criminal complaint related to his criminal case.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A written diagnosis of injury;
1. Damage photographs;
1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;
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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 extenuating circumstances among the reasons for sentencing);
1. Probation;