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(영문) 부산지방법원 서부지원 2019.05.09 2019고합40
특정범죄가중처벌등에관한법률위반(보복상해등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 15, 2019, at around 15:50 on February 15, 2019, the Defendant, at the home of the Victim C (Y, 66 years of age) located in Busan, had been investigated by the police, followed the Defendant’s investigation by the police, and had the victim undergo investigation due to the victim’s statement of damage, and had the victim find the victim as retaliationed after the investigation is completed.

At around 19:17 on the same day, the Defendant, at the home of the above victim, laid down the kitchen knife of the victim who was seated in the kitchen with approximately 21cm in length, about 34cm in total length), and laid down the part of the victim's clean, and laid down approximately 3 cm in the number of days of treatment.

As a result, the defendant committed the crime of injury with the purpose of retaliation against the provision of investigation teams or statements in connection with his criminal case cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes concerning investigation reports (as of February 10, 2019) and seizure records;

1. 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 concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One year to thirty years;

2. Reduction factors of injury (type 4) for the purpose of retaliation (type 4): Reduction factors: Where a person commits a crime by carrying dangerous articles (area of recommendation and scope of recommendation), basic area of punishment, one year to two years of imprisonment.

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

D. Unfavorable circumstances: The defendant's head is the knife of the victim.

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