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(영문) 서울북부지방법원 2015.04.03 2015고합7
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Northern District Court on September 26, 2012, and completed the execution of the said sentence on July 19, 2013.

【Criminal Facts】

1. On August 2, 2014, at around 11:30 on August 2, 2014, the Defendant injured the victim by drinking alcohol with “D” restaurant located in Dobong-gu Seoul Metropolitan Government (hereinafter “D”) and drinking alcohol with the victim E (hereinafter “D”), and breading the victim’s face and husium, leaving the victim’s face and husium several times due to the occurrence of the victim’s breath, and causing injury to the victim, such as the victim’s head, breath, etc., which requires treatment for about 28 days, by taking the victim’s head, breath, etc. with the victim’s hand.

2. From August 30, 2014 to 15:00 on August 30, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (fessing violence, etc.) said that the Defendant reported the damage under paragraph (1) to the 2nd apartment complex located in the Seocho-ro 15, Seoul Special Metropolitan City, Nowon-gu, 15, and was investigated as a criminal suspect on the ground that the victim E reported the damage to the 15th New Police Station, and that he was investigated as a criminal suspect on the ground that he reported it to the police station “I want to have the victim died of why he was reported to the police.” On the other hand, the Defendant moved the victim’s head beyond one time at the right shoulder of the victim to take place. On the other hand, the victim was able to buck the victim’s hand by drinking.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams and the statement of damage in connection with the investigation of his criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement of witness by the second prosecutor's office, concerning E;

1. Each internal investigation report (the telephone with the reporter, the phone phone with G), each investigation report, each investigation report, the fact that the report is accompanied by a diagnosis report, the photograph of the upper part of the body, and the date of photographing;

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