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(영문) 서울고등법원 2015.08.28 2015노1434
특정범죄가중처벌등에관한법률위반(보복상해등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Although misunderstanding of facts had inflicted injury on the victims, there was no objective of retaliation against the victims' statements of past damage.

Nevertheless, the lower court found the Defendant guilty of this part of the charges by misunderstanding the facts and deeming the victims to have abused them for the purpose of retaliation.

The sentencing of the lower court (three years of imprisonment) on the basis of an unreasonable sentencing is too unreasonable.

On June 22, 2014, at around 10:05, the Defendant used the face of the victim E (son and 71 years of age) in front of the D office store located in Dongdaemun-gu Seoul Metropolitan Government to take a drinking, and assaulted the victim F (son and 61 years of age) face to take a drinking, and assaulted the victim F (son and 61 years of age) face to take a drinking, and was arrested as a flagrant offender with 112 report, and was released after being investigated by the Seoul Dongdaemun-gu Police Station.

At around 13:40 on November 1, 2014, the Defendant, in relation to the above assault case, had the victim F made a statement in relation to the above assault case, followed the above victim, and followed the victim's face, taken several times at a time when the victim's face was taken on the floor, and taken several times at a time when the victim's body was taken on the floor, and followed the victim's face and head's body was taken on the floor. Around 13:40 on November 1, 2014, the victim suffered approximately two weeks of face, head's impairment, and string.

At around 10:30 on November 7, 2014, the Defendant, in relation to the instant assault case, inflicted injury on the victim E, such as the victim’s satisfying of satisfying, satisfying, satisfying, satisfying, and satisfying the victim’s face, satfying the victim’s body used on the floor, satisfying the victim’s face at several times, and satisfying the victim’s body used on the floor, and satisfying the victim for approximately three weeks of treatment.

The lower court’s judgment is consistent with the witness F and E’s consistent statement and Seoul Northern District Court.

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