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(영문) 인천지방법원 2020.04.28 2020고합76
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

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

Reasons

Punishment of the crime

On January 5, 2020, the Defendant, as a legal spouse of the victim B (the 50-year-old age), was investigated by an investigative agency due to the victim’s 112 report, etc. on Jan. 5, 2020, and was willing to take a disadvantage against the victim with respect to the victim’s face.

At around 14:30 on January 26, 2020, the Defendant: (a) in a restaurant of “C” in the operation of the victim located in Jung-gu Incheon Metropolitan City, caused the victim to suffer bodily injury, such as the victim’s head part of the victim who was in possession of the cell phone with the victim’s desire, such as “the victim died at the end of this case; and (b) the victim died of the same year; (c) the victim is dead and (d) the victim dies of the same year; (d) the victim entered the house.” The Defendant, while threateninging the victim’s head part of the victim’s head, such as “the victim died at the end of this case.” On the part of the victim’s kitchen, the Defendant suffered bodily injury ( approximately 33 cm in total length, approximately 21 cm in the knife’s head part on the part of the victim’s mother.”

As a result, the defendant, in relation to the investigation of his criminal case, inflicted an injury on the victim for the purpose of retaliation against the provision of the investigation team, and carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of investigation reports (Attachment of a medical certificate and statement of the damage process), medical certificate, and Acts and subordinate statutes governing damaged photographs;

1. In cases of injury to the purpose of retaliationing the relevant criminal facts: 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: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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