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(영문) 부산지방법원 2014.08.22 2014고합341
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Busan District Court on January 10, 2013 and completed the execution of the sentence on June 19, 2013.

【Criminal Facts】

1. On January 20, 2014, the Defendants’ co-principaled the victim F (52 years of age) at E located in Busan-gu Busan-gu, Busan-do about January 20, 2014 that the victim F (52 years of age) would repay the loan amount of KRW 600,000,000 to Defendant B. Defendant B had the victim’s face at drinking times, biffed the victim’s face, and biffed the victim’s bomb, and Defendant A had the victim’s face face.

As a result, the Defendants jointly inflicted an injury on the victim, such as a dubing of the internal body in need of approximately three weeks of treatment.

2. At around 17:00 on April 13, 2014, Defendant A’s sole criminal defendant submitted a written complaint against the Defendant and B regarding the crime described in paragraph (1) to the victim on the ground that Defendant F submitted the written complaint against the Defendant and B regarding the crime described in paragraph (1). In this context, Defendant A’s statement that “I would like to find out why I would like to bring about a criminal charge. I would like to find out why I would like to say. I would like to see why I would like to go back. I would like to see the victim’s left-hand spacks.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of a criminal investigation team such as a criminal complaint or accusation in connection with his/her criminal case investigation.

Summary of Evidence

1. Defendant B’s legal statement and part of Defendant A’s legal statement

1. Legal statement of witness F;

1. A written diagnosis of injury;

1. Each investigation report (referring to a shote and telephone call, addition of a fact of damage, and listening to witness's telephone statement);

1. Previous convictions in the judgment: Criminal history records (A), investigation reports (report attached to judgments, etc.), Defendant A, and the defense counsel denied the fact of assaulting the victim in relation to the crime as stated in paragraph 2 of the crime in the judgment, but they stated that “F is consistent with the witness F, and that “I is able to see F with the floor of hand, at least two times” after the defendant is investigated by the police.

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