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(영문) 부산지방법원 2017.10.27 2017고합459
특정범죄가중처벌등에관한법률위반(보복상해등)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

피고인은 2017. 9. 4. 21:30 경 부산 부산진구 C에 있는 피해자 D(57 세) 이 운영하는 “E” 주점으로 찾아간 다음, 자신의 도박에 대하여 신고 하였다는 이유로 “ 야 씹 할 새끼야, 다 때려 부숴 줄까, 장사 안 할래

“The victim’s breath, batddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

On September 5, 2017, the Defendant was able to take a retaliation against the victim as a flag, and around 00:43 on September 5, 2017, and the victim was in front of the above flag, and “Chewing flag,” and the funeral service was in the future.

“A sound,” having garbage in the vicinity, and dusted at the entrance of the said main point, and the victim resisting this, moving the victim’s face to a traffic portrait near the drone, making the victim’s face flick, booming the victim’s face, and making the victim’s flick hand by asking the victim’s flick hand, thereby making it difficult to know the number of days of treatment due to the victim’s flick hand.

As a result, the defendant injured the victim for the purpose of retaliation against the statement of damage in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes attached to each investigation report (the Nos. 3, 6, and 10 of the evidence list) and the investigation report 3, and 6;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. The scope of punishment recommended according to the sentencing criteria; and

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