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(영문) 부산지방법원 2013.10.11 2013고합568
특정범죄가중처벌등에관한법률위반(보복상해등)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant was sentenced to a fine of KRW 500,00 as an assault committed by Busan District Court on May 7, 2013.

At around 09:40 on July 26, 2013, the Defendant, while under the influence of alcohol, e-mail next to the E-mail in Busan Dong-gu, Busan, and, at around 09:40 on July 26, 2013, “the Defendant 500,000 won of a fine for fe-fe-fe-fe-fe-fe-fe-fe-fe-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g

As a result, the Defendant inflicted injury on the victim, such as minculization of 12 weeks on the left-hand side, for the purpose of retaliationing his criminal case investigation and trial.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the investigation report (as to the case of the doctor G and the currency content of the F Hospital), the application of the Act and subordinate statutes to the investigation report (Attachment);

1. Grounds for sentencing under Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act with respect to the crime;

1. The scope of applicable sentences: Imprisonment for one year to 30 years; and

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), violent crimes, general bodily injury, and Type 4 (Infliction of Serving to Eductal) increased factors (serious injury, and victims vulnerable to crimes) (Scope of recommending punishment) [Scope of recommending punishment] Special Heavy Area (one year and June to four years).

3. Determination of sentence: Two years of imprisonment (any person who is a general person).

4. Criteria for the suspension of execution: The suspension of execution shall not be made, taking into account the following extenuating circumstances (the reason for major participation) negative (the reason for general participation) (the victim who is vulnerable to committing a crime) (the victim has no effort to recover from damage) positive (the victim has no serious reflection or criminal record of a suspended execution

5. The reason for sentencing lies in the confession of the instant crime and reflects his mistake.

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