. Intimidation, bodily injury, assault.

Seoul residential Seocho-gu

Seocho-gu Seoul Metropolitan Government

The Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on September 17, 2015, and is also sentenced to imprisonment with labor for a crime of assault.

1. 18. The execution of the sentence was completed.

[Criminal Facts]

"An injury" 2016 Gohap159, 1.

On March 4, 2016: around 45, the Defendant, around 09: around 45, on the front of Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong C, on the ground that the street store operated by the victim D interfered with the passage of the victim, the Defendant “Caphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

As a result, the defendant put the victim in a studal room, where the number of days of treatment required for a hole was unknown.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

On March 17, 2016: (a) around 00: (b) the Defendant, at the place described in paragraph (1) at around 00, filed complaints related to the investigation of a criminal case in which the Defendant assaulted the victim; and (c) the victim “the fine has been imposed on the victim for a total of million won.”

Accordingly, the defendant threatened the victim with the purpose of retaliation against his statement in relation to the investigation of his criminal case.

" 2016, 249.

On March 13, 2016: around 40, the Defendant: (a) 3 subway lines in Jongno-gu Seoul Metropolitan Government ro-ro 3 were drunked on the platform of the conversation between Jongno-gu and waiting for subway without any justifiable reason. (b) around 40, the Defendant sent the victim E’s left side bucks one time at hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[Criminal facts in its holding] 2016 Highis159

1. Defendant's legal statement;

1. Each statement of D and F;

1. A photograph of the injured party's wife (D);

1. A report on investigation (referring to witness F and G counterpart investigation);

"2016 Gohap249, 1. Police suspect interrogation protocol of the defendant

1. Statement to E by the police;

1. A report on investigation (a CCTV investigation) ;

【Criminal Records】

1. Criminal records, investigation reports (the confirmation of criminal records and the same records during the period of repeated crimes), individual identifications, and application of Acts and subordinate statutes to the current status of confinement;

1. Relevant laws and the choice of punishment for the crime;

Article 257(1) of the Criminal Act (the point of harm, the choice of imprisonment), Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act (the point of intimidation for the purpose of retaliation) and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act [Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)]

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act / [Aggravation of concurrent crimes within the limit prescribed in the proviso to Article 42 of the Criminal Act with respect to the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which

1. The grounds for sentencing: Imprisonment with prison labor for not less than one year nor more than 50 years;

2. Application of the sentencing criteria;

(a) First offense: Crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.);

[Determination of Type 5] Intimidation (Intimidation for Retaliatory Purposes)

[Special Convicts] Mitigation elements: Where the degree of intimidation is minor;

Aggravations: Victims who are vulnerable to crimes and repeated crimes;

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than two years and six months;

(b) Second crime: An injury crime;

[Determination of Type 1] General Injury to Violence. (General Bodily Injury)

[Special Instigator] Reduction element: Minor injury

Aggravations: Victims who are vulnerable to crimes and repeated crimes;

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than six months but not more than two years. Third crime: Assault;

[Determination of Types of Violence] Types 1 (General Violence)

[Special Aggravations] Aggravations: Cumulative Cumulative Offense

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than four months but not more than one year

(d) As a result of the aggravation of multiple crimes (the upper limit of crimes ＋ 1/2 of the upper limit of crimes + 1/3 of the upper limit of crimes + 1/3 of the upper limit of crimes ± 1/3 of the final limit of crimes ] imprisonment with prison labor for not less than one year but not more than 3 years

3. Determination of sentence: Imprisonment with prison labor for a year and six months;

The Defendant, without any justifiable reason, injured the Victim D, who was under the influence of alcohol at a distance of two months after the completion of the sentence due to the commission of the crime recorded in the criminal records in the judgment of the Defendant. While the Defendant was under investigation, the Defendant assaulted the Victim E and threatened the Victim D in the subway station again. The victims have suffered physical and mental pain due to the Defendant’s criminal act, and have been punished by the Defendant. The Defendant has the history of having been sentenced to eight times or imprisonment with prison labor. The Defendant appears to be suffering from alcohol dependence, or considering the history of the Defendant’s punishment, the Defendant cannot justify the Defendant’s criminal act: Provided, That the degree of injury and intimidation inflicted on the Victim D is relatively weak. The above circumstances and age, character and character of the Defendant, environment, motive and circumstance of the crime, and all the circumstances after the crime shall be determined as per the order.

Judges Kim Byung-jin

Judges Cho Jae-won