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(영문) 광주지방법원 2017.07.19 2017고합94
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violence;

A. On March 4, 2017, at around 19:00, the Defendant: (a) took a bath to “brupte” the victim E using the same sick room in the Category D care hospital in Gwangju-dong-gu, Gwangju-gu; and (b) taken the victim’s face with TV fingers and shoess.

B. On March 5, 2017, around 15:00, the Defendant, at the entrance of the hospital, such as the above paragraph 1-A at around 15:0, left the victim F (son, 66 years old) at the time of the Defendant’s drinking at one time, left the victim’s face.

Accordingly, the defendant assaulted the victims.

2. For the purpose of retaliationing the victim E with respect to which the victim E stated the content of damage as a result of the above facts, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (defence assault, etc.

A. From March 5, 2017, around 19:40 on March 5, 2017, at the entrance of the hospital, such as the above paragraph 1-A, the victim refers to the victim’s “a year in which the four-day inspection is no longer possible, making a four-day report on the family report,” and the victim’s face and the number of backs can be taken by hand, and ear is shakend by khing them;

B. On March 5, 2017, around 20:30 around 20:30, at the G heading of a hospital, such as the entry of the above 1’s (A)

Outer than one another.

After being called “after her hand, the victim’s face was hicked by her hand and her hand at one time.”

As a result, the defendant assaults the victim for the purpose of retaliation against the provision of investigation proviso in relation to the investigation of his criminal case.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement made to each F, E, H, and I;

1. The application of Acts and subordinate statutes to investigation reports (to hear statements H), investigation reports (to hear statements by victims E);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and assault, the choice of imprisonment), Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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