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(영문) 청주지방법원 영동지원 2019.08.21 2019고합12
특정범죄가중처벌등에관한법률위반(보복상해등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized one metre (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to a suspended sentence of three years in one year and six months for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) in Young-gu District Court’s Yeongdeungpo-dong branch. The Victim B (year 76) was the victim of the above criminal case, who was present in the above court and testified the facts of damage.

On May 26, 2019, at around 08:35, the Defendant driven a horse before the victim's house located in the Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and discovered the victim in a dry field. On the other hand, the Defendant took a dangerous object, which was loaded for the purpose of retaliation against the Defendant's testimony in connection with the above criminal case (21 cm in length and 38 cm in length on a day), and found the victim's house as the victim's house, stating, "whether or not the victim speaks that the witness was dead, and that the witness was dead, and how he was sated at the time of delivery," and put the victim's face one-time, and brought an open head part of other parts necessary for the victim's treatment for about two weeks.

As a result, the defendant injured the victim for the purpose of retaliation against testimony in relation to his criminal case trials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. B written statements;

1. A medical certificate;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to thirty years of imprisonment;

2. Extent of recommendation [decision of types] of violent crimes according to the sentencing criteria, general injury [Type 4] and injury for the purpose of retaliation (special appearance]: Where a person shows the threat of collective force or multiple objects or carries dangerous objects, he/she commits a crime;

2.A special injury. A repeated injury group shall apply.

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