2014Gohap11 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.);

Violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.)

m)damage, destruction of and damage to property, intimidation, violence;

A

Park Jong-il (Public Prosecution), leapna (Public Trial)

Attorney B (Korean Office)

January 16, 2015

A defendant shall be punished by imprisonment for two years.

Criminal facts

From August 2014 to around one month, the Defendant conspiredd with C (V, 44 years of age) with the victim C.

1. Violence and intimidation;

(a) assault and intimidation around August 2014;

On August 2014, the Defendant: “On the road before the house of the victim in Gangwon-gu, Yangwon-gun-gun; the Defendant she was driving the victim at the Epyst Hastst Hast Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hand Hast Hast Hast Hast Hast Hast Hast Hast Hast Hast Ha

The Defendant continued to threaten the victim to see how his or her husband and wife will not be his or her husband and wife, and threatened his or her husband and wife with his or her ability to leave his or her husband and wife.”

Accordingly, the defendant assaulted and threatened the victim.

(b) Violence on September 2014;

On September 2014, the Defendant: (a) at the G Hospital Hospital Hospital Hospital Hospital Hospital located in Yangwon-gun F, Yangwon-gun, where the Defendant was hospitalized in a traffic accident; (b) while she had a verbal dispute with the victim, the Defendant boomed the victim’s neck by hand; and (c) the victim boomed the victim’s neck, and (d) the victim with the victim with the her hand; (b) the death of the victim is the same as that of the death of the victim; (c) the death of the victim must not be said; (d) the victim was blicked by the first floor shower of the above hospital, leading the victim to the shower room of the first floor of the above hospital, leading the victim to the victim’s face, and assault the victim.

C. Violation of the Punishment of Violences, etc. Act on September 3, 2014 (collectively, deadly weapons, etc.)

At around 11:30 on September 3, 2014, the Defendant took the kitchen, which is a dangerous object stored in the kitchen, on the ground that the other male is not her, on the ground that the other male is not her, and left the kitchen in front of the victim, and then the victim “I am her only on the other her day. I am her at the end, she is about 10 only the other her day. I am her at the end, and she she she she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way that he she is her in a way.

Accordingly, the defendant carried dangerous objects and threatened the victim.

(d) Violence on September 22, 2014;

On September 2, 2014, at G Hospital 207, the Defendant: (a) was hospitalized by the victim around the A.M. on September 22, 2014; (b) expressed the victim’s arms outside of the damaged sick room; and (c) expressed the victim’s desire to “I am h. I am h. I am. I am. I am. I am. I am. I am.”; and (d) assaulted the victim at once on the left part of the victim’s arms.

(e) Violence on September 26, 2014;

around 14:00 on September 26, 2014, the Defendant: (a) at the sick room of G Hospital 207, when his father and son were in the sick room of G Hospital 207; (b) reported the Defendant to the Defendant; and (c) reported the Defendant to the Defendant, “I do not want to do so. I do not want to do so? I do not want to do so?” The Defendant assaulted the victim at the time of the Defendant’s assaulting the Defendant at the time of three times.

2. Damage to property;

On September 6, 2014, between 13:30 and 17:55, the Defendant: (a) had the victim’s house in front of the victim’s house; (b) had walked the victim’s house door from several times on the ground that the victim does not open his door; and (c) had an automatic locking device installed on the door of the entrance in advance with an automatic locking device installed on the entrance, so that the locking device can not be installed or opened by spreading the locking device.

Accordingly, the Defendant damaged the above locking device, which is the victim, to be in excess of KRW 300,000 for repairing costs.

3. Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

As stated in paragraph (e) of this Article, the Defendant reported to the Yang-gu Police Station as a case in which the Defendant assaulted the victim on the left part of the said victim's shoulder and the breast part of the said victim, and was under investigation.

At around 16:48 on September 26, 2014, the Defendant sent a text message stating "the cell phone term of the victim and the cell phone term of the victim, who will be subject to a fine on this day, and will be subject to the agreement in white." On September 26, 2014, around 18:40 on September 26, 2014, the Defendant tried to enter the sick room without deducting the victim from any answer.

Accordingly, the defendant, who gets his arms of the victim by hand, made an agreement with the victim "I am. I am. I am. I am. I am. I am. I am am. I am am. I am am. I am am. I am am. I am. I am. I am am. I am. I am. I am. I am. I am. I am the victim's head and am. I am the victim's head. I am. I am. I am. I am. I am. I am. I am. I am. I am. I do not am. I do not am. I am. am.... I do not am. I do am.. am..... I do not am. am..... ' I am. I am. I am. I am. am... am.............

As a result, the Defendant suffered injury, such as the flavating bones, flavating flavor, etc., in order to avoid a criminal complaint related to his criminal case, for about six weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. C’s legal statement;

1. Each police statement made to H, C, and I;

1. Investigation report (related to recording the details of statements made by a victim);

1. On-site photographs, photographs of each injury, letters sent by J (A) to the victim, on-site pictures, and the description sent by J (A);

Victim Bodily Injury photographs

1. A medical certificate;

[Defendant and his defense counsel asserted that they carried the kitchen knife, which is a dangerous object at the time of committing the crime set forth in Section 1(c) of the judgment, and did not threaten the victim. However, at the time of the police investigation to this court, the victim consistently stated that at the time of the police investigation, all the types of knifes kept in the knife, including the kitchen knife, might not be seen as knife by using the knife", and stated that he threatened the victim as stated in the facts of the crime in the judgment, and that the victim was aware of the situation, and that the knife all the knife did not know of the situation. The victim's above statements are credibility because it is difficult for the victim who did not experience, so it can be sufficiently recognized by carrying the fact that the knife, which is a dangerous object, was threatened with the victim by carrying them on September 3, 2014.]

Application of Statutes

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

Article 260 (1) of the Criminal Code (the point of each assault, the choice of imprisonment), Article 283 (1) of the Criminal Code (Intimidation)

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act;

Article 283(1) of the Criminal Act (Aggravated Restriction on Carrying of Dangerous Articles), Article 366 (Aggravated Destruction and Damage, and Imprisonment with prison labor)

(G) Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257(1) of the Criminal Act

port of call (the point of injury for the purpose of return)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act shall not apply to a specific crime with the largest penalty.

Aggravated Punishment, etc. (Aggravated Punishment, etc. of Crimes) provided for in the violation of the Act on the Aggravated Punishment, etc. of Crimes

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 45 years;

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

(a) Basic crime: A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

[Determination of Punishment] Violence Crimes, General Bodily Injury, Type 4 (Inflictionment for Retaliation)

[Special Aggravationd Persons] Aggravationd: Serious injury

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

(b) Concurrent crimes: Offenses in violation of the Punishment of Violences, etc. Act;

[Determination of Punishment] violent crimes, intimidation crimes, Type 4 (Habitual Offense, Cumulative Offense, Special Intimidation)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of six months to one year and six months

(c) Concurrent crimes: Intimidation;

[Determination of Punishment] violent crimes, intimidation crimes, Type 1 (General Intimidation)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of two months to one year

(d) Criteria for handling multiple crimes;

[Scope of Recommendation Form] Imprisonment of not less than one year and six months (the Act on the Aggravated Punishment, etc. of Specific Crimes for which the sentencing guidelines are set

Violation of the Act (Refence and Assault), Punishment of Violence, etc.

Violation of law (collective, red, etc. Intimidation), intimidation, and each assault;

Crime and the crime of causing damage and damage whose sentencing criteria are not set;

Sentencing Criteria are concurrent crimes under the former part of Article 37 of the Act.

Crime of recommended sentencing in accordance with sentencing guidelines for the established crimes;

[Based on the lower limit above]

3. Determination of sentence: Two years of imprisonment;

The following facts are that the defendant had two previous criminal records of the same kind for the defendant, that the defendant has repeatedly committed violent crimes against the victim during a month between the defendant and uses his or her married as a means of intimidation, and that the victim has a great impact on his or her mental health and treatment. As a result, the victim was faced with the injury so far as he or she had been faced with six parts of the face bones, performed two times due to the crime of retaliationing in this case, performed two times, and cannot be entirely removed from the bones and bones, and the victim was punished against the defendant because the defendant did not agree with the victim.

On the other hand, the fact that the defendant had no criminal record of punishment, the defendant made a confession as a substitute for each of the crimes of this case, and is against the defendant, and the defendant complained of strong impulses for two years prior to being employed, and raised a large amount of negotiology and nephism, and has been under treatment after being detained, and has been diagnosed as a acute flexic disease after being detained, and currently being treated. The defendant seems to have committed each of the crimes of this case under the circumstances where the victim was dead without proper treatment for mental fission, and was found to have committed the crimes of this case under the circumstances where the victim was dead, and was found to have committed the crimes of this case. The fact that the defendant deposited KRW 10 million in order to recover the victim's damage is favorable to the defendant. In addition, the defendant's age, character and behavior, circumstances before and after the crime, the method and method of the crime, etc. shall be determined by comprehensively taking into account various circumstances indicated in this case, as indicated in the order.

It is so decided as per Disposition for the above reasons.

The number of lectures (Presiding Judge)

Ethical police officer

Ise Jina