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(영문) 전주지방법원 2017.11.10 2017고합110

특정범죄가중처벌등에관한법률위반(보복상해등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2016, the Defendant, among the main buildings of the Jeonju District Court and the Jeonju District Public Prosecutor's Office of the Jeonju District Court, in the 25-ro Madon-ro Madon-ro Madon-ro 15:30 on December 9, 2016, the Defendant, on the ground that the victim E (67 tax) who attended as a witness of his criminal case, testified against the Defendant, was a disadvantageous testimony to the Defendant, and the Defendant, depending on the victim who made the testimony, “I Y. I am the witness

“A document bag in possession of the victim’s face is taken once, and the part of the victim’s face was taken once.

Accordingly, the defendant assaulted the victim for the purpose of retaliation against the victim's testimony in connection with his criminal case trials.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A photograph and a record of a CCTV CD or CCTV image to take a course;

1. Application of Acts and subordinate statutes to a complaint and a criminal investigation report;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.

1. The summary of the assertion was that the Defendant did not assault the victim as stated in the facts charged, and even if the Defendant was aware of the assaulting of the victim, there was no retaliation against the Defendant.

2. Determination

A. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes prevents the provision of the proviso to an investigation, such as a complaint or accusation, in relation to the investigation or trial of his/her or another person's criminal case, or the provision of a statement, testimony, or submission of data, or prevents the submission of a statement, testimony, or data under the proviso to an investigation, such as a complaint or accusation.