특정범죄가중처벌등에관한법률위반(보복상해등)등
The defendant's appeal is dismissed.
On the day of the instant case, the lower court erred by misapprehending the legal doctrine as to the injury for the purpose of retaliation against the summary of the grounds of appeal, or by misapprehending the legal doctrine, and instead did not take a fluorily and fluorly come to contact the Defendant’s body, such as fluoring and fluoring with the Defendant, and fluoring the victim, and did not inflict any injury with the intent of retaliationing the provision of the proviso to the investigation, such as the accusation.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on the constituent elements of retaliation or injury crime.
In light of the various sentencing conditions in the instant case, the punishment sentenced by the lower court (one year of imprisonment with prison labor for the instant crime 2017 high 561 decided, and eight months of imprisonment with prison labor for each of the instant crimes 2017 high 569 decided) is too unreasonable.
Judgment
The lower court also argued that the Defendant was identical or similar to the grounds for appeal, and the lower court rejected the Defendant’s allegation on the grounds that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant could sufficiently be found guilty of the crime of injury for the purpose of retaliation in this case.
(1) The injured party "I have yet to know about the accused who was called in the legal corridor on the day of the instant case" at the investigative agency.
’ 등의 말을 하였더니, 피고인이 욕설하여, 자신이 피고인을 먼저 툭 쳤더니, 피고인이 원심 판시 범죄사실 기재와 같이 피해자를 폭행하였다.
2. On the day of the instant case, the Defendant was aware in advance that the victimized person would be present as a witness of a criminal case against the Defendant.
(3) The defendant assaults the victim at one time by drinking his/her head.