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(영문) 전주지방법원 정읍지원 2015.02.11 2014고합73

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 26, 2012, around 08:30, the Defendant filed a complaint against a police officer on the ground that the victim E (here, 64 years old) made a statement to him/her unfavorable to him/her by the victim E (or 64 years old) in relation to a crime of violence that occurred in front of the D art hall located in Jung-gu, Jung-gu, Seoul.

At around 04:40 on July 15, 2014, the Defendant waiting for the victim of the church new wall of the investigative agency for the purpose of retaliationing against the statement of the investigative agency in G, G in front of the Si of Jung-Eup, Jong-gu, the Defendant was waiting for the victim, who is a dangerous object to be examined and examined the victim's reputation, and the head of the victim was able to look at the victim's head.

As a result, the defendant, who escaped with the escape victim's door, was injured by the victim's escape, such as "dunes and cerebral chlost" in need of medical treatment for about three weeks in consideration of the victim's face and head, and "overcoming stress disorder" in need of medical treatment for more than three months, when he saw the victim's head and body body in light of the above stick.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to the defendant and H;

1. A medical certificate prepared by a medical doctor;

1. There is a single (Evidence No. 5) of seized stick;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257(1) of the Criminal Act, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Punishment of Violences, etc. which is heavier than the punishment provided for in the Act on the Punishment of Violences, etc. which is heavier than the punishment);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.