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(영문) 대전지방법원 2014.02.06 2013고합334
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 25, 2013, the Defendant sentenced the Daejeon District Court to six months of imprisonment for the crime of fraud and obstruction of performance of official duties, and completed the execution of the sentence on July 26, 2013.

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the mental retardation and excessive drinking.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) around 18:20 on July 31, 2013, the Defendant, at around 18:20, took a walk under the influence of alcohol in “D”, which is an ordinary store selling fire-related supplies on the first floor of the Daejeon Dong-dong C building, and upon reporting by E, was subject to notification as a violation of the Punishment of Minor Offenses Act on the same day.

피고인은 위와 같이 처벌을 받은 것에 대하여 앙심을 품고 2013. 8. 5. 13:40경 위 D에 찾아가 그곳 직원인 피해자 F(여, 43세)에게 “너희들이 뭔데 신고를 했느냐, 내가 누군지 알고! 사람을 뭘로 보고 그러느냐 내가 어떤 사람인줄 아느냐!”고 소리치며 손바닥으로 피해자의 이마를 내리쳐 피해자를 바닥에 넘어뜨리고, 계속하여 위험한 물건인 의자로 넘어져 있는 피해자를 내리쳐 피해자에게 약 3주간의 치료가 필요한 상세불명의 뇌진탕 등의 상해를 가하였다.

As a result, the defendant injured the victim for the purpose of retaliation against the provision of investigation reports, statements, etc. in connection with the investigation or trial of his criminal case.

2. Around 13:40 on August 5, 2013, the Defendant destroyed and damaged the property by setting up at the bottom one lives lives lives lives lives lives lives lives lives lives lives lives, and one lives lives lives lives lives lives lives

3. The Defendant’s insult, from around 16:0 to 18:40 on August 5, 2013, to around 18:40, was dissatisfied with the arrest of a flagrant offender as stated in the facts constituting the crime of paragraphs 1 and 2 in the I District located in the Dong-gu Daejeon, Daejeon, and the victim J, a police officer, among F and E, who are the relevant witness.

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