beta
(영문) 창원지방법원 밀양지원 2017.04.28 2016고합45

특정범죄가중처벌등에관한법률위반(보복상해등)등

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

Of the facts charged against A, embezzlement is not guilty. Defendant B.

Reasons

Punishment of the crime

1. On March 18, 2016, the Defendant injured the Defendant: (a) took a dispute with the victim B (49 years of age) who performed drinking in a F cafeteria in the F cafeteria located in Military E, who was drinking in around 19:00 on around 18, 2016; (b) took two occasions the victim’s inside part; (c) took two parts of the Defendant’s part; and (d) sustained the victim’s chest back to the two hand, thereby causing injury to the victim, namely, taking approximately four weeks of the victim’s chest back to the right part; and (d) took part in the victim’s chest back to the right part; and (e) took part in the victim’s chest back to the victim for about four weeks of treatment.

2. On October 24, 2016, Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.) found the victim to reach an agreement with the victim B (50 years of age) on the criminal facts stated in paragraph (1) at H cafeteria cafeteria located in Gyeongnam-gun G, except for the 18:40 on around 18:40 on October 24, 2016. However, the victim would not be aware of the agreement. However, the victim would have expressed his/her desire to take part in the victim’s face and part of the victim’s neck, pushed the victim’s face and part of the part of the victim’s neck with his/her right hand.

계속하여 피고 인은 위 식당 밖으로 나와 피해자와 이야기하던 중 피해자의 얼굴을 향해 주먹을 휘두르고 피해자의 몸통을 향해 발을 2회 찼으나 피해자가 이를 피하자 옆에 있던 플라스틱 의자를 들어 피해자에게 집어던지고, 계속하여 옆에 있던 플라스틱 의자를 다시 집어들어 피해자를 향해 3회 휘둘러 피해자의 가슴 부위와 음낭 부위에 맞게 하여 피해자에게 약 2 주간의 치료가 필요한 우측 흉부 좌상 등의 상해를 가하였다.

Accordingly, the defendant injured the victim for the purpose of retaliationing the statement related to the investigation of his criminal case.

This part of the facts charged is that the defendant injured the victim for "the purpose of retaliation against the victim's failure to reach an agreement" in relation to the investigation of his criminal case.