특정범죄가중처벌등에관한법률위반(보복상해등)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts: (a) Defendant 1 was the victim of assault from the victim, who was injured by the victim; (b) was not the purpose of retaliation; and (c) the victim was not determined to have suffered stress disorder due to the Defendant’s act; (b) the lower court convicted the Defendant of the instant charges; (c) there was an error of misunderstanding of facts against the Defendant; and (d) the lower court’s punishment of unfair sentencing (two years of imprisonment, three years of suspended execution, three years
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In light of the following circumstances and facts acknowledged by the evidence duly admitted by the court below's ruling of the court below, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and this part of the defendant's assertion is without merit.
① On May 26, 2012, the victim made a witness’s statement in relation to the Defendant’s injury case, and thereafter, the Defendant was sentenced to a fine of one million won in the Jeonju District Court’s Jeonju Eup branch on April 9, 2013, and the Defendant, on the ground that the victim made a statement unfavorable to himself/herself and the fine was imposed as above, he/she claimed the victim’s vegetable statement and claimed the victim’s vegetable seeds around April 2013 and around May 201 of the same year. Furthermore, the victim’s vegetable, insulting, insulting, and defamation was charged. All of them were charged without suspicion, and the Defendant stated by the police that he/she sought the victim to comply with it by suppressing the payment of fine due to the victim on the day of the instant case.
② The victim, at the investigative agency and the court of the court below, had the victim, who had a church in the old road around 04:40 on July 15, 2014, run the defendant's head, shoulder, etc. as a stick, and the victim, who escaped by the string of the road.