A defendant shall be punished by imprisonment with prison labor for up to six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[Criminal record] On November 19, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Ganpo Prison on June 7, 2017.

[Criminal facts]

1. In around 09:00 on July 5, 2017, the injured Defendant: (a) in E-office operated by the Victim C (71 tax) located in E in E-office in E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, E-si, a victim’s back part of the victim’s left side.

2. A special intimidation: (a) the Defendant assaulted the victim at the time, place, as mentioned in paragraph 1, at the time, and at the same time and place; and (b) took a dangerous object (22 cm in total) on a book that had been sticked at the sprink, the Defendant threatened the victim by stating that “the death and death,” “the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. On-site photographs, death diagnosis certificates, photographs (30 pages);

1. Investigative reports (locating the cause of damage inflicted on a victim), requests for cooperation in investigation, replies, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as an investigation report (verification as to whether a repeated offense is applicable), judgment, etc.;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 284 of the Criminal Act, Article 283(1) of the Criminal Act (the point of threat of carrying dangerous articles) and imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion of Lawsuit, etc. of Dismissal of Application for Compensation;

1. Application of the sentencing criteria;

(a) Class 1 (Special Intimidation) (Scope of Recommendations) ;