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(영문) 인천지방법원 2019.02.19 2018고합591
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 29, 2018, the Defendant was indicted on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes, etc.) - around 22:40 on May 29, 2018 by the main points operated by the Victim C (Min, 46 years of age) in Gyeyang-gu Incheon, thereby causing three-way injury to the victim. On August 22, 2018, the Defendant was charged with summary as a fine of KRW 2 million with the Incheon District Court.

Since then, in the above case, the Defendant thought that he was unilaterally assaulted by the victim, but was prosecuted as above, and sent the same text message to the victim several times to inflict harm on the victim, and eventually, the Defendant attempted to inflict injury on the victim for the purpose of retaliation.

피고인은 2018. 8. 28. 00:05경 피해자가 운영하는 주점으로 피해자를 찾아갔고, 마침 주점에서 나와 편의점을 가는 피해자를 발견하자 메고 있던 가방을 바닥에 집어 던지고 피해자를 향해 달려가 양손으로 피해자의 머리채를 잡아 흔들어 피해자를 바닥에 넘어뜨렸고, 바닥에 넘어진 피해자에게 “이 썅년 때문에 내가 벌금 200만 원을 맞았다”라고 말하며 주먹으로 피해자의 머리를 수회 때려 피해자에게 약 3주간의 치료가 필요한 뇌진탕 등의 상해를 가하였다.

Accordingly, the defendant injured the victim for the purpose of retaliation against the statement of the victim in connection with the investigation of his criminal case.

around 22:40 on May 29, 2018, the Defendant suffered bodily injury, such as cerebral le, etc., in which the victim C (here, 46 years of age) located in Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as the "victim C") was able to engage in a dispute with the customer, and the victim was scambling the victim's hair, and the victim was scambling the victim's hair for about three weeks of medical treatment.

Summary of Evidence

"2018 Gohap591"

1. Partial statement of the defendant;

1. C’s legal statement;

1. The police of the defendant.

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