폭력행위등처벌에관한법률위반(공동상해)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
A victim D shall have E make a futures investment on April 2013, but he/she suffered loss by E, and shall repay to E 45 million won until April 22, 2013, as of April 20, 2013. < Amended by Act No. 11728, Apr. 22, 2013>
'' has drawn up a letter of content.
Meanwhile, the Defendant: (a) on April 25, 2013, when the victim did not carry out the above written statement to E and did not contact with the victim; (b) was aboard the vehicle with two males on the F and name-free males, and discovered the victim in the H market located in Ansan-si G around 11:50 on the same day; (c) discovered the victim from the above vehicle in the above vehicle, after leaving the victim in a mountain near the water reservoir located in the Sinsan-si, the Defendant sent the victim to the gate near the water reservoir located in the Sinsan-si; and (d) said that one of the following items ( approximately 1m in length and about 5cm in diameter) was called as the victim’s right angle to the head of the vehicle, and then the victim could be considered as the victim’s door to the next item.
As a result, the defendant shared with two males in F and name misstatements, which require approximately two weeks of treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the investigation report (No. 9 of the evidence list);
1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;
2. Scope of the recommended sentences for the sentencing guidelines [decision of types] the group of violent crimes-general injury [the scope of the recommended sentence] mitigated area (two months to one year of imprisonment] (the scope of the recommended area and the scope of the recommended sentence]: A person not subject to punishment;
3. Determination of sentence was originally agreed upon by the Defendant with the victim, and the background of the occurrence of the instant case shall be determined within the scope of the recommended sentence, taking into account the circumstances of the instant case into account.
Parts of innocence
1. The summary of the facts charged is around April 2013, E invested KRW 33,50,000 in futures investment sites upon investment recommendation from the victim D(the age of 44). However, the loss of KRW 24,00,000 was considered.