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(영문) 광주지방법원 순천지원 2018.07.05 2017고합293
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2013, the Defendant damaged the property by finding the victim E’s house located in 08:30 on the lower order, and by finding the victims’ children of the preceding victim’s house breaking the Defendant’s house glass, putting them up in both iron numbers, and putting them up at 13 copies of the window 13 in the market value.

2. On June 27, 2017, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (defluence, etc.) stated in the indictment for conviction of a fine of KRW 4 million (hereinafter “previous judgment”) on the grounds of the crime of injury to the victim F (age 56 years), etc. in the Gwangju District Court’s net support on June 15, 2017, the Defendant was found to have been convicted on a regular trial under evidence (see, e.g., Supreme Court Decision 2016No. 620, Jun. 27, 2017). However, in light of the evidence, the Defendant was found to have been convicted on a regular trial, at one time at the rear part of the victim’s convenience in the bus for the purpose of taking a retaliation therefor, and after closure, at the bus, the Defendant went to the second part of the body of the victim and the second part of the body of the victim, such as the victim’s mouth and the second part of the body of the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness F and G;

1. Each police statement made to E and H:

1. Investigation report (in the case of a witness I telephone investigation);

1. Application of Acts and subordinate statutes to each medical certificate and photographs of damaged parts;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 366 of the Criminal Act (the point of destruction of property, the choice of imprisonment), Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of retaliation)

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, is set forth.

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