Cases
2016 highest 865 special injury, coercion, special violence, intrusion upon residence.
Defendant
High ○○ (91 - 1), technical school students
Housing Gyeyang-gu in Incheon
United Kingdom of North Korea in the original domicile
Prosecutor
Efficiencies (prosecutions) and Yellow (Public Trial)
Defense Counsel
Attorney Kim Byung-soo (Korean National Assembly Line)
Imposition of Judgment
March 24, 2016
Text
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 4 shall be confiscated.
Reasons
Criminal facts
1. Intrusion upon a residence;
On January 8, 2016: around 10, the Defendant: (a) was locked in the Defendant’s residence in Gyeyang-gu Incheon Metropolitan City Gyeyang-gu, on the ground that the victim maximum ○○○ (the age of 14) residing in the next house (the age of 14) is going to play a computer game and scambling, and was scam out. The Defendant was able to resist the victim’s maximum ○○○○○ for the purpose of resisting the victim, found the victim’s residence into the victim’s residence, opened the door, and then ○○○○○ was living room in the victim’s highest ○○○○ without the victim’s maximum ○○○○○○.
was made.
2. A special injury:
On January 8, 2016: (a) around 00: 10, the Defendant continued to take the kitchen knife (the total length of 31cc, 19cc, knife length) which is a dangerous object in the main room and take the front of the victim’s face at several times, and walking the victim’s body at several times; (b) took the victim’s body at several times; and (c) continued to take the front door (19cc, length of knife) which is the front of the victim’s ○○○○○○○○○; and (d) made the victim’s face at the front of the victim’s knife, with the front of the victim’s knife and the front of the knife, knife, knife, knife, knife the victim’s body by expanding the victim’s body to the upper end of the victim’s body.
As a result, the defendant carried dangerous articles and put about about three weeks to the maximum ○○○○.
3. Forced execution.
피고인은 위 제2항 기재 일시 · 장소에서 피해자 최○○에게 따라오라고 말하여 피고 인의 주거지로 데리고 간 다음 그곳 주방에서 위험한 물건인 칼 ( 전체길이 32cm 칼날 길이 21cm ) 을 꺼내 손에 든 상태로 피해자 최○○를 인천 계양구 작전동 ○ ○○교회 건물 계단으로 끌고 갔다 . 피고인은 피해자 최○○에게 맥주 1캔을 건네준 뒤 피해자 최○○에게 " 내가 원샷할 때 같이 안하면 패버리겠다 " 라고 말하여 피해자 최○○로 하 여금 맥주 1캔을 마시게 하였다 .
As a result, the Defendant, carrying dangerous objects, threatened the victim the maximum ○○○, thereby allowing the victim to perform an act for which he does not have any obligation.
4. Special violence; and
On January 8, 2016: around 01:05, the Defendant: (a) threatened the victim’s new ○○○○○ (the age of 23) with a knife, a dangerous object possessed for the reason that the Defendant threatened the victim with the victim’s new ○○ (the age of 23) by knife knife knife knife knife knife knife knife knife knife knif
Accordingly, the defendant carried dangerous objects and assaulted the victim's new ○○○.
Summary of Evidence
1. Defendant's legal statement;
1. The statement by each police officer on the highest ○○ and the new ○○;
1. Each protocol of seizure and the list of seizure;
1. A written diagnosis of injury;
Application of Statutes
1. Relevant Article of the Criminal Act and the selection of punishment for the crime;
Article 319(1) of the Criminal Act (a point of intrusion upon residence), Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 324(2) and (1) of the Criminal Act (a point of coercion to carry a deadly weapon), Articles 261 and 260(1) of the Criminal Act (a point of coercion to carry a deadly weapon), each choice of imprisonment with prison labor,
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Confiscation;
Article 48 (1) 1 of the Criminal Act
Reasons for sentencing
The crime of special injury in this case is committed at night by intrusion into the residence where the victim under 14 years of age is mixed, threatening the victim with a lethal weapon, causing the victim's family member to die, and causing the victim to die, and the crime is extremely poor, and thus, the defendant is sentenced to a punishment.
In determining the sentence, considering the fact that the defendant is recognized to commit the crime, that the victim does not want the punishment of the defendant in consultation with the victims, that the victim has no record of punishment, and that the defendant's age, character and conduct, environment, etc. as shown in the records and arguments of this case, and the various kinds of definitions of the lawsuit of Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character
Judges
Judges Kim Sung-soo