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(영문) 대전지방법원 2020.06.11 2020고합43
특정범죄가중처벌등에관한법률위반(보복상해등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2019, the injured party B (the age of 83) appeared and testified as a witness in the Daejeon District Court No. 501, the Daejeon District Court No. 501, the Daejeon District Court No. 501, which was 45, Seosan-ro 78, Seogu, Daejeon, Daejeon, as a witness of the injury case against the Defendant No. 201

On November 25, 2019, the Defendant, at around 18:25, 2019, sent the victim to the front of the Seo-gu Daejeon C Apartment Park Park, and the female gave testimony to the Defendant disadvantageously, and, on the ground that she testified to the Defendant, the Defendant: (a) stated, “the victim was suffering from why he/she made a false witness; (b) he/she was the perpetrator; (c) was the perpetrator; (d) was the victim; (d) was scambling the victim’s baby for pedestrian aids he/she was aboard; and (e) was scambling the victim by scambling the victim’s breast part of his/her mother being drinking; and (e) was b0 days of the victim

As a result, the defendant injured the victim for the purpose of retaliation against testimony in relation to his criminal case trial.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, D, E, and F;

1. Each police statement made to D, E, and F;

1. Each police statement in B (W) and D;

1. Application of the Act and subordinate statutes to field photographs, 112 report processing table, each internal investigation report (including the submission of a report of injury to the witness, the details attached to the witness's written report), injury diagnosis statement (B), written judgment (Saegi-2870 of the Daejeon District Court Act), Supreme Court or the case search (Sagi-2019Dagi2870 of the Daejeon District Court Act), reference materials to be submitted on the victim's side, text messages and recording files, text messages, and text messages;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion by the defendant and defense counsel under Article 62-2 of the Probation Criminal Act

1. Summary of the assertion

A. The Defendant only saw the victim as a mound and bath, but did not go beyond the victim.

(b)the injury of the victim is due to spathnosis or spathn.

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