(영문) 서울중앙지방법원 2018.5.4. 선고 2018고합210 판결

On April 23, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for property damage, etc. at the Seoul Central District Court, and completed the execution of the sentence on August 27, 2015. On December 11, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for injury, etc. at the same court on March 30, 2016, and completed the execution of the sentence on March 30, 2016. On November 9, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual injury, etc.) and completed the execution of the sentence on June 28, 2017.

1. Intimidation against victims of November 19, 2017;

At around 1, 193:10 on the 11, 2017. 13:10, the Defendant, without any reason, threatened the victim M& (hereinafter referred to as “victim” in this paragraph) who was passing through the Republic of Korea (hereinafter referred to as “victim”) of Jongno-gu Seoul N, with his desire to “Woo kb kb kb kb.” The Defendant: (a) expressed his desire to “Woo kb kb kb kb; (b) threatened the victim by doing any act that seems to be provokinging the victim.”

2. Violence against P of November 19, 2017

At around 13:40 on November 19, 2017, the Defendant discovered the Victim P (hereinafter referred to as “victims” in this paragraph) that passed from the roads of Ski, and assaulted the Victim by stating that “Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YYY YYY YYY YYY YYYY YYY YYY

3. Violence against P of December 24, 2017

On December 24, 2017, around 15:00, the Defendant: (a) expressed that the victim P (hereinafter referred to as “victim” in this paragraph) located in Jongno-gu Seoul Metropolitan Government Q Q (hereinafter referred to as “victim”) used the victim’s desire to take care of the victim’s parking lot; and (b) assaulted the victim with the victim’s head by displaying plastic bags containing a deadly disease to the part of the victim’s head.

4. Violence against P of February 14, 2018

On February 14, 2018, at around 12:10, the Defendant used the R building 1st floor 102 in Jongno-gu Seoul Metropolitan Government Q as his hand, and used the cement stuff ( around 8cm in diameter) in the future of the above 102 sentence, and used the victim P (hereinafter referred to as “victim” in this paragraph) who was preparing for life-saving food in the above 102 sentence, and used the above gate to cut off immediately next to the victim, thereby assaulting the victim.

5. Special assaulting victims M on February 14, 2018;

On February 14, 2018, at around 12:15, the Defendant: (a) took an assault against P on the ground of the first floor B101 of the above RR building, as described in paragraph (4), and went away to the house of S, which is the 1st floor B101 of the above LR building; (b) but the victim M, the husband of P, who was the husband of P (hereinafter referred to as "victim" in this paragraph, hereinafter referred to as "victim") who was the husband of P, who was the husband of P, she seeed and driven away from P's name, continued to kill the victim's face while the victim she skeed the victim's face, which is a dangerous object in front of the entrance.

Summary of Evidence

1. Each legal statement of witness M, P and T;

1. Part of P's statement among the interrogation protocol of the second prosecution against the accused;

1. Each police statement of M and P;

1. Each written statement of M and T;

1. In cases of investigation reports (related to the details of recovery of criminal behaviors), investigation reports (related to the hearing of statements by S who are the suspect), investigation reports (related to the confirmation of criminal implements used by the suspect), photographs attached thereto, investigation reports (related to the confirmation of criminal implements used by the suspect), and copies of photographs attached thereto, investigation reports (related to the attachment of pocketbooks submitted by M of the victim),

1. Photographss and photographs of victims Ma;

1. Previous convictions: Determination as to the defendant and his defense counsel's assertion in inquiry reports, the current status of acceptance by each individual, the previous records of each disposition and the results of confirmation, and a copy of the judgment attached thereto (Articles 183 through 187, 192 through 196 of the Investigation Records);

Although the defendant and his defense counsel have been in a dispute with the victims, they do not assault or threaten the victims as stated in the facts of crime, and in particular, they claim that there is no evidence about the facts of crime paragraph (5).

The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case: ① The victims have consistently stated the victims' statements from the investigative agency to the court of this case; ② the victims' statements are hard to find out circumstances to suspect the credibility of the victims' statements in light of the victim's attitude to make statements in this court; ② the victims' statements are not only T, the victims' children, but also S also at the time, witnessing to the neighboring male (M). In light of the friendly relationship between the defendant and S, the victims' statements can be acknowledged the credibility of the victims' statements because it is difficult to find the victims' false statements or motivations to be unfavorable to the defendant; ③ The victims' photographs are consistent with the victim M&T, S's statements, and the victim's statements and the victim's statements to the effect that the defendant could not be accepted by the victim's statements or statements made by the victim's defense counsel for the same kind of crime as the victim's statements and statements made by S during 207 years ago.

Application of Statutes

1. Article applicable to criminal facts;

Article 2(3)1 and (2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of assault during the period of repeated offense) Article 2(3)1 and (2)1 of the Punishment of Violences, etc. Act, Article 2(3)1 and (2)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (the point of intimidation during the period of repeated offense) Article 3(4)1 of the Punishment of Violences, etc. Act, Articles 261 and 260(1) of the Criminal Act (the point of special assault during the period of repeated offense)

1. Aggravation for repeated crimes;

Each of the Criminal Code, Article 35 [each of the above crimes and first head of the judgment, the crime of causing property damage, the crime of causing bodily injury, and the violation of the Punishment of Violences, etc. Act (Habitual Destruction, Damage, etc.)]

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be deemed to have violated the Punishment of Violences, etc. Act (Habitual Special Violence) with the largest punishment (aggravated concurrent crime)

In addition to the assault carrying dangerous objects with reason for sentencing, the degree of assault and intimidation is minor, and the victim's actual damage is not serious. However, even though the defendant had already been subject to criminal punishment several times, the defendant committed each of the crimes of this case against the victims during the period of repeated crime, which includes the crime of assault carrying dangerous objects. The nature of the crime is very poor. According to the evidence submitted by the prosecutor, even if the prosecutor found the defendant guilty of each of the crimes of this case, it is not good that the situation after the crime is not good, since the prosecutor did not make all efforts to recover the victims' damage, and the defendant's repeated crime is exempted from society for a certain period, in light of the victim's violent tendency to repeat the crime within a short period after release, it is necessary to defend the society from the defendant by separating the defendant from society for a certain period, and the defendant's age, character and behavior, occupation, environment, family relation, etc. of the defendant, the punishment shall be determined as per the disposition of the court.

Judges

The judge of the presiding judge shall be net;

Judges Choi Dong-hwan

Judges Kim Gin-han

Note tin

1) The defendant's defense counsel was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act through a summary of pleading submitted after the closure of pleadings.

Only in the case of imprisonment with prison labor under Articles 2(3) and 3(4) of the Punishment of Violences, etc. Act, the above Act is alleged to the effect that such act constitutes a criminal offense.

Articles 366 and 257 of the Criminal Act (Article 366 and 257 of the Criminal Act) of the Criminal Act shall apply mutatis mutandis to the crime of causing damage to property and the crime of causing injury to property of the first head as stated in

It is reasonable to view that a person who is sentenced to imprisonment for a violation of Article 1(1) constitutes a criminal offense of imprisonment with prison labor under the above provision.

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제3항

-폭력행위 등 처벌에 관한 법률 제2조 제3항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제4항

-폭력행위 등 처벌에 관한 법률 제3조 제4항 제1호