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(영문) 부산지방법원 2013.12.20 2013고합634

특정범죄가중처벌등에관한법률위반(보복폭행등)

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of three years on June 7, 2012 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in the branch court of the Busan District Court (hereinafter referred to as the "Dong branch court") and the said judgment became final and conclusive on October 26, 2012, and is currently under suspended sentence.

【Criminal Facts】

On December 8, 2012, at around 00:30 on December 8, 2012, the Defendants conspired with the victim F (n, 52 years of age) in Busan B, the victim’s statement of injury, and the Defendant A was pronounced guilty as above, Defendant B, for the purpose of retaliationing the victim’s statement of injury, expressed the victim’s desire to “proced, accused,” and expressed the victim’s face of the victim, and the Defendant A expressed a beer’s disease on the table.

At the same time, the victim expressed his/her desire to "Isia, retaliation" and tried to assault the victim by emphasizing the victim's face.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each police statement made to F and H;

1. Medical certificates and opinions;

1. Investigation report;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records, reports on the results of confirmation before the disposition, and the application of statutes of the judgment;

1. Defendants of relevant criminal facts: Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 260 (1) and 30 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Defendant B: Judgment on the Defendants and their defense counsel’s assertion under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds)

1. Summary of the assertion

A. While under the influence of alcohol, Defendant A merely expressed the victim’s desire on the part of the victim of the instant case in a purely booming manner, and was a beer disease as indicated in the facts constituting a crime in the judgment.