20 Highest 3773(Joints)

Residence and Busan Shipping Daegu

【Criminal Records】

On May 10, 2019, the Defendant sentenced the Busan District Court to one year of imprisonment for the obstruction of performance of official duties, etc., and completed the execution of the sentence in the Daegu Prison on January 20, 2020.

【Criminal Facts】

"200 Highest 2595"

1. Interference with business;

At around 01:30 on June 14, 2020, the Defendant: (a) discovered that one’s mobile phone was lost at the site, and that the victim and his employees are hiding the mobile phone; (b) returned to the above main points while under the influence of alcohol; and (c) followed up the tables and garbage outflow in that place; (d) the employees and customers of the said main points “this son son son son son son son son, cell phone son son son son son, son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and interfere with the victim’s main operation duties by force by avoiding the disturbance between 10 minutes.

2. An special injury:

피고인은 위 제1항 범행 직후, 같은 장소에서, 위와 같은 피고인의 행위를 제지하는 피해자에게 화가 나, 피고인의 주머니 속에서 소지하고 있던 소주병을 꺼내어 위 주점 바닥에 내리쳐 깨뜨린 후, 깨진 소주병의 병목 부분을 잡고, 깨진 소주병의 뾰족한 부분을 피해자에게 내밀어 피해자의 가슴을 1회 찌르고, 곧이어 같은 방법으로 피해자의 왼쪽 대퇴부를 1회 찔러 피해자에게 약 2주간의 치료가 필요한 흉부의 상세불명 부분의 열린상처 등의 상해를 가하였다.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

【200 Highest 3773

3. On March 22, 2020, at around 05:50, the Defendant boarded a taxi under the influence of alcohol in front of the Busan Metropolitan Government in Busan Metropolitan Transportation Daegu, and arrived at the front of the Round Park Dok-gun, Busan Metropolitan City, the destination of which was scheduled, and she saw the victim's trees by driving the victim's hand in front of the si in front of the si located in the si located in the high village of the si-gun of Busan Metropolitan City, and brought about the victim's knife to the knife, and brought the victim's knife to the knife with the knife knife knife knife knife knife knife knife knif for about 14 days

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury), Article 314(1) of the Criminal Act (the point of interference with business, choice of imprisonment), Article 257(1) of the Criminal Act (the point of injury and choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: Imprisonment with prison labor for a period of up to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A crime under subparagraph 1;

[Determination of Punishment] 02. Special Bodily Injury, Bodily Injury, Bodily Injury (Type 1)

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

Aggravations: Gross serious injury (except for special types of serious injury), cruel method of commission of crime

[Recommendation and Scope of Recommendation] Aggravation, 1 year to 3 years of imprisonment

(b) A second crime;

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

Aggravations: Cumulative Offense

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from 2 months to 10 months. 3 Crimes (Interference with Business)

[Determination of Punishment] Obstruction of Business Affairs / Obstruction of Business Affairs / Obstruction of Business Affairs

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to eight months

(d) Scope of recommendations according to the standards for handling multiple crimes: One year to seven years (the first crime maximum + the second crime maximum + 1/2 of the third crime maximum + 1/3 of the third crime maximum).

3. Determination of sentence;

It is favorable that the Defendant led to the confession of the instant crime and agreed with the victims. However, even though the Defendant had had had been punished several times for the same kind of crime, the Defendant committed the instant crime within the period of repeated crime after release, in light of the applicable criminal law, the nature of the crime was extremely heavy and high risk, which may cause irreparable harm to human life, and repeated crimes within a short period after release, even if having been punished several times for the same crime related to the same violence, it is inevitable to determine the sentence like the order by taking into account various sentencing factors, such as the Defendant’s age, environment, motive for the crime, means and consequence of the crime, and the circumstances after the crime.