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(영문) 광주지방법원 해남지원 2018.04.04 2017고합47
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around October 14, 2017, the Defendant: (a) had been accused of an injury, etc. from the victim C (68 tax) to the victim’s around August 2017; (b) had been found at the victim’s house located in South Navy D on October 14, 2017; (c) had passed through an open entrance to the victim’s house; and (d) had entered the victim’s house before the victim’s house; and (c) had the victim filed the accusation with the victim “; and

This blick "," refers to "the flap of the victim by hand, scambling the victim's blap, and continuously boomed the victim's blap belt by hand.

Accordingly, the defendant invadedd the residence of the victim, and assaulted the victim for retaliation against the victim's accusation in connection with his criminal case investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. A report on investigation;

1. As to the sending of the case, written opinions, and related photographs (as to the purpose of retaliation as indicated in the judgment, the defendant and his defense counsel did not commit any assault by the defendant by breaking bombs of the victim at the time, and did not have any purpose of retaliation.

The argument is asserted.

However, in light of the following circumstances acknowledged by the above evidence, the defendant's assaulted the victim as stated in its reasoning for the purpose of retaliation against the victim's criminal case investigation. Thus, the above assertion by the defendant and the defense counsel is not accepted.

(1) The injured party consistently from the investigative agency to the present court, whether the accused was accused of the Defendant’s accusation in front of around 07:30 on October 14, 2017;

The boomed the victim's breath as "the breath," and boomed the boom belt with a flag hand by flaging the bat of the victim.

“The statement was made to the effect that it was stated.”

There is no reason to suspect the credibility of these statements.

(2) A victim shall take August 21, 2017.

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