On January 14, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for special intimidation at Seoul Southern District Court and 2 years of suspended execution on January 22, 2016, which became final and conclusive on January 22, 2016, and was punished several times for the same crime.

[Criminal Facts]

On September 25, 2016: (a) around 20: around 20, the Defendant, at the main point of ○○○, located in the Yeongdeungpo-gu Seoul High Military Prisoners of War, ○○○○ (the age of 48) and drinking a magazine for the purpose of self-support of the elderly; (b) pursuant to the Defendant’s complaint that ○○, who had sold the instant magazine, was able to see that ○○, without permission, was able to see the lower age of ○○, and ○○, “In the future, ○○,” the Defendant, “The late ○, on the ground that ○, sent the victim’s head on the table, was 500C beer, which is a dangerous object on the table, and the victim’s number of days of treatment could not be known to the victim.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Reasons for sentencing: Imprisonment with prison labor for not less than 6 months but not more than 5 years;

2. No sentencing criteria shall be set for the crime of special injury.

3. Determination of sentence: Imprisonment for 8 months; and

○’Disadvantageous circumstances: The Defendant, while engaging in a dispute with the victim, frightening the victim’s head and frighting the victim’s head; this is an act that may cause serious injury to the victim, and there is a good condition to commit the crime; the Defendant had been punished several times for the same and similar crimes; and the Defendant did not know even during the suspension of execution, but went back to the crime of this case without being aware of the fact that he was under the suspension of execution.

The circumstances favorable to ○: A part of the circumstances leading up to the instant crime may be taken into account by linking the instant crime in a contingent process with the victim, and the fact that the Defendant agreed with the victim that the victim does not want the punishment of the Defendant.

Opinions on jury verdict and sentencing (seven jurors)

1. Results of a verdict of guilt or innocence;

○ Opinions of guilt: Four jurors

○ Opinion of innocence: Three jurors

2. Sentencing Opinion

○ 8 months of imprisonment: Four jurors.

○ 6 months of imprisonment: On the ground of three or more jurors, this case is judged as ordered through a participatory trial according to the defendant's wishes.

Judges out of Category

Judges Min Il-won