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(영문) 대전지방법원 홍성지원 2013.07.18 2013고합25
특정범죄가중처벌등에관한법률위반(보복상해등)등
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

1. On April 12, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes): (a) around 22:50 on April 12, 2013, the Defendant: (b) laid down the back part of the victim’s head in his hand for the purpose of breaking the witness’s complaint against the Defendant’s obstruction of performance of official duties, etc. (Seoul District Public Prosecutor’s Hongsung Branch Office No. 2012No. 9266, No. 2013No. 81) on the “Eju” where the victim D (here, 43 years old) working as an employee in Chungcheongnam-gun Budget-gun, Chungcheongnam-gun; and (c) laid down the victim’s head into the toilet floor to the extent that the victim was able to be able to be able to be able to be able to be able to write off; and (d) laid down the victim’s head into the toilet floor to the extent of the victim’s head.

As a result, the Defendant inflicted injury on the victim, who made a statement or testimony in the course of investigation or trial of his criminal case, by taking the victim as above, for the purpose of retaliation against the victim who made a statement or testimony in the above-mentioned criminal case, and by taking approximately two weeks of treatment

2. The Defendant, at around 23:07 on the same day as the above Paragraph (1) above, was demanded from the Victim F, the owner of the said “E” store at the same place as the above Paragraph (1) above.

However, the defendant does not respond to it, and on the same day at around 23:30 on the same day, he/she shall sit and sit in the 2nd Sofa, the EM, and leave the victim without good cause until the police officer arrives.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. On-site investigation reports on preservation of photographs and investigation reports (the report attached to the summary order of the relevant case and the report attached to the victim D-related statement);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions concerning facts constituting an offense;

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