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(영문) 광주고등법원 (전주) 2016.04.12 2016노34
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the crime of retaliation, etc. against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) did not aim at retaliation at the time when the defendant inflicts injury on C by the victim

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that a person who commits an injury or assault under the Criminal Act shall be punished by imprisonment with prison labor for more than one year, which is heavier than statutory punishment under the Criminal Act, for the purpose of providing the proviso of investigation, such as accusation, statement, testimony, or submission of data, in connection with an investigation into, or a trial against, his/her or another person's criminal case. Here, whether such an act was committed ought to be reasonably determined in light of social common norms, by taking into account the offender's age, occupation, and other personal factors, the motive and method of, and method of, the crime, the victim's personal relationship, and the situation before and after the crime was committed (see Supreme Court Decision 209Do1205, Jun. 14, 2013; Supreme Court Decision 2009Do12055, Jun. 14, 2013). The Defendant, who was lawfully admitted and investigated by evidence, is sentenced to imprisonment with prison labor for more than six weeks (3.

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