특정범죄가중처벌등에관한법률위반(보복폭행등)
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
In the case of injury by the Defendant on May 13, 2013, the Defendant issued a summary order of KRW 2 million for a crime that stated that “the Defendant, around 06:10 on February 24, 2013, at the D restaurant located in the Nam-gu Incheon Metropolitan City, brought an injury to his women, such as diversification of dives, etc. requiring four weeks’ treatment,” and accordingly, on May 27, 2013, the Defendant filed a request for formal trial with the same court 2013 Go-Ma1793 on June 21, 2013, after attending the above formal trial on the date of trial on June 21, 2013, and withdrawing the said request for formal trial, and thus, the Defendant became final and conclusive a fine of KRW 2 million on the same day.
During the investigation process of the above case, the Defendant considered that E made a statement of damage to E, and had the mind of retaliation against E.
At around 01:30 on June 22, 2013, the Defendant took a bath to the victim who was running a new wall in the said D restaurant jointly operated by E and the victim F (58 years of age) who is his husband, while taking the bath to the victim, the Defendant called “it would be punishable by a fine of two million won per annum. In this sense, the Plaintiff would not run the lap, because there is a lapor,” and the Defendant took a bath to the victim.
As a result, the defendant committed violence to the victim for the purpose of retaliation against the provision of investigation teams and statements in connection with the investigation or trial of his criminal case.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Investigation report (Attachment of a certified copy of the summary order issued in the case of the probationary order for the crime group) and the application of attached documents;
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 for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da1448, Apr. 2, 20
1. Reasons for discretionary mitigation under Article 62(1) of the Criminal Act;