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(영문) 서울동부지방법원 2016.09.23 2016고합232
특정범죄가중처벌등에관한법률위반(보복상해등)
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A defendant shall be punished by imprisonment for not less than eight months.

A seized kitchen shall be confiscated by one square meter (No. 1).

Reasons

Criminal facts

On December 12, 2015, the Defendant was issued a summary order of KRW 2 million at the Seoul Eastern District Court on February 5, 2016, by assaulting the Victim C (62 tax) around 02:00 and filing a report by the victim.

On July 21, 2016, the Defendant: (a) around 13:18 on July 21, 2016, in E restaurants operated by the victims in Gangdong-gu Seoul Metropolitan Government D for the purpose of retaliationing the above criminal punishment.

“A knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.).”

As a result, the defendant injured the victim for the purpose of retaliation against the provision of the proviso of investigation such as complaint, accusation, etc., statement, testimony or submission of data in connection with the investigation of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Police seizure records;

1. Determination as to the victim's assertion of the victim's body photographs, food knife photographs, Defendant, and defense counsel

1. Although the defendant cited a knife at the time of the instant case, the victim was incurred with knife in the process of cutting the knife from the defendant, and the defendant had no intention to intentionally injure the victim by knife at the time of the instant case.

2. The following circumstances acknowledged by the evidence adopted by this court and examined by this court, namely, the Defendant’s knife and knife the victim’s knife knife, was considerably close to the following. However, the victim was injured in the process of knifeing the knife by knife, showing the knife that the knife was followed by knife and knife, and the Defendant stated at the time at the prosecutor’s office that “the knife was attempted to inflict

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