특정범죄가중처벌등에관한법률위반(보복상해등)등
A defendant shall be punished by imprisonment for not less than eight 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
The defendant is a lessee of a house owned by the victim D (the 60-year-old) who is in Gyeongbuk-gun C.
1. On September 13, 2013, the injured Defendant: (a) around 17:30 on September 13, 2013, on the ground that, in the said victim’s home room, the ordinary victim changed his house, and thus, he would not be able to give his house again while giving good appraisal; and (b) on the ground that, in drinking, the Defendant was engaged in a fluoral gambling for about 14 days on the part of the victim, on the part of the victim’s left eye, three times at the victim’s home, and flusent part of the buckbing part, which was in need of treatment for about 14 days.
2. The victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) reported 119 emergency medical services teams to be subject to the above assault, and received medical treatment at E Hospital, and was present at the F District Unit of the Seongbuk Police Station around 11:00 on September 14, 2013, and returned home under the victim’s investigation.
On September 14, 2013, the Defendant, at around 17:00 on September 14, 2013, brought the victim’s statement about violence-related damage in F District, brought the victim’s neck into the house of the victim, boomed the victim’s neck by hand, and boomed the victim’s face at approximately 14 days by drinking the victim’s face at approximately 5 times.
As a result, the defendant injured the victim for the purpose of retaliation against the victim's statement in relation to the investigation of his criminal case.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement by the prosecution concerning D;
1. A report on investigation (as to photographs of the damaged part);
1. A report on investigation (in case of a victim's superior position);
1. Application of Acts and subordinate statutes of each injury diagnosis letter;
1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 relevant criminal facts;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.