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(영문) 서울남부지방법원 2020.12.10 2020고합499

특정범죄가중처벌등에관한법률위반(보복상해등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim B(the age of 61) are the space between the defendant and the victim who reside in the different heading room in Yeongdeungpo-gu Seoul Metropolitan Government C.

At around 15:10 on August 12, 2020, the Defendant assaulted the victim's face face on three occasions on the ground that the victim would restrain his/her exposure at the parking lot of the first floor of the Seoul Southern District Court. On September 18, 2020, the Defendant issued a summary order of KRW 50,000 as a crime of assault at the Seoul Southern District Court.

On September 28, 2020, the Defendant stated in the indictment that the excessive amount of the dangerous articles used by the Defendant was in the note of the above Gosiwon for the purpose of retaliationing the victims, considering that the above fine should be paid at the above Gosiwon around 12:00 due to the victims.

However, the defendant stated in the prosecutor's office and the police investigation that "at the time of hospitalization at the three-year hospital, it was purchased and used continuously in the public prosecutor's room." Since there is no impediment to the defendant's exercise of the right to defense, it shall be corrected

In the indictment stating that the victim’s left part of the victim’s left part can not be identified as the number of days of treatment because he/she expressed that the victim was injured by “the victim’s injury requiring approximately 2 weeks of treatment,” while citing the transition (No. 1, total length, approximately 17cm, and about 7cm in length) that is a dangerous object, and intending to find it as a heading room where the victim resides.”

According to the police statement, damage photographs, etc. on B, the victim may be found to have suffered the above injury by the defendant, but the evidence submitted by the prosecutor alone is difficult to clearly recognize the number of days of treatment, and there is no other evidence to acknowledge it.

As long as the fact of injury and injury are specified by the victim's statement, etc., it is illegal even if the number of days of treatment is not specified.