(영문) 대전지방법원 2013.11.22 2013고합346

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(영문) 대전지방법원 2013.11.22 2013고합346

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The defendant is a daily worker at the construction site and is a space between the victim C(53) and the victim C.

On July 25, 2013, at around 22:00, the Defendant completed an investigation under suspicion of assaulting the victim at around 18:35 and around 18:50 of the same day on the front side of the Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant expressed that, for the purpose of retaliation against the victim’s statement made by the Daejeon Western Police Station, the Defendant: (a) stated that, “I am Mari, I am Mari, I am Mari, I am at the Pacific Police Station; (b) I am the victim’s face part with the hand floor once, and assaulted the victim’s side part of the victim’s back-hand part of the victim’s seat with a continuous sitd.

In the indictment, the defendant stated that "the defendant assaulted the victim's face face one time in drinking, and the victim's face continuously seat one time," but the victim stated in the court that "the defendant used the victim's face part once with the hand floor, and assaulted the victim's side side to walk one time continuously." The victim stated in the indictment that "the defendant used the victim's face part once with the hand floor, and the victim's side part of the victim who continued to sit." The crime was modified and recognized ex officio as above.

Summary of Evidence

1. Statement to the effect that the defendant has taken the face of the victim one time by the floor at the time and time as stated in this Court;

1. C’s legal statement;

1. Entry of the investigation report dated July 28, 2013;

1. Application of each Act and subordinate statute to images of victim's assault photographs, on-site CCTV data;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 62-2 (1) of the Criminal Act, probation, etc. of community service order.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의9 제2항

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