2016 Highest 2905, 2016 Highest 3176 (Joint) Injury, Assault

A person shall be appointed.

The principal offender (prosecution), the principal offender (public trial) and the principal offender (public trial)

Attorney B (Korean National Assembly)

July 22, 2016

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

“2016 Highest 2905

1. 피고인은 2016. 4. 9. 01 : 15경 부산 사상구 C에 있는 ' D주점 ' 에서 별다른 이유 없이 옆좌석에 있던 피해자 E ( 47세 ) 에게 욕설을 하며 시비를 걸다가 피해자가 주점 밖으로 나가자 피해자를 뒤따라가 주먹으로 얼굴을 1회 때려 바닥에 넘어뜨린 후 다시 발로 피해자의 얼굴, 배, 다리 등을 수회 걷어찼다 .

또한 피고인은 옆에서 이를 말리려 하던 피해자 E의 처인 피해자 F ( 여, 51세 ) 을 손으로 밀어 바닥에 넘어뜨린 후 발로 피해자의 엉덩이 등을 수회 걷어찼다 .

As a result, the Defendant inflicted injury on the victim E, such as the right side, the framework, and the right side framework, which require treatment for about six weeks, and assaulted the victim F.

"2016 Highest 3176"

2. On May 13, 2016: (a) around 10:10, the Defendant inflicted an injury on the Defendant, within the main point above, on the part of “H” located in Y in Y in Y of Busan, on the part of the victim I (the age of 56) in the instant main point, such as “the gue fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe s

Summary of Evidence

“2016 Highest 29054

1. Defendant's legal statement;

1. Each police statement made to J, E, and F;

1. A written diagnosis of injury, 2016 highest 3176;

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A medical certificate;

1. A report on investigation (No. 2 and 6 No. 136 of the evidence list);

Application of Statutes

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

Article 257(1) of the Criminal Act (Inflicting of Injury), Article 260(1) of the Criminal Act (in the case of violence) and Article 257(1) of the Criminal Act (in the case of violence), and Article 1.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment)

1. The grounds for sentencing: Imprisonment with prison labor for a period of one month to ten years;

2. Application of the sentencing criteria;

(a) Each injury;

[Determination of Type of Crimes] General Injury to Violence. (General Injury)

【No Special Convicted Person】

[Scope of Recommendation] Basic Field, Imprisonment from April to June

(b) Crimes of assault;

[Determination of Type of Crimes] General Injury to Violence. (General Injury)

【No Special Convicted Person】

[Scope of Recommendation] Basic Field, 4 months to 1 year and 6 months. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor from April to June 10.

3. Determination of sentence;

A. 1) In general, the following three conditions should be satisfied in order to commit a crime. First, the perpetrator must have a reasonable motive to commit a crime; second, the victim must have chosen reasonably. Third, there must be no adequate protective element to restrain the occurrence of a crime. However, recently, there is no correlation between the offender and the victim, or there is no motive to commit a crime or a crime committed against an unspecified person who has no motive to commit a crime or who is unable to understand the motive of the crime.

2) The offense of question may be classified into a real-time complaint type, a chronic street type, and a mental disorder type on the basis of the characteristics of the criminal. The actual-off criminal committed a crime mainly against society or incomprehioning his or her wife. A chronic decentralization criminal has a characteristic of emphasizing another person’s behavior or intent, and without any special reason, commits a crime again, and there are many cases where he or she commits violent crimes under drinking alcohol, or habitually commits violent crimes. Mental disorder offenders have a lot of mental and treatment experience. There are many cases where the mental health is not good at the time of the crime, or where the body is dead at the time of the crime, or where the life and body is dead at the network or exchange. 3) The reason why the crime of question is asked is that a community’s fundamental fear and safety needs to be released from the community, which is an isolated community, by using violence against the members of the community, and thus, it is necessary for the community to ensure the safety of the community.

B. However, according to the records, when considering the following facts: (a) the Defendant was divorced from his own consciousness without any awareness, and even contact with his family has ceased to drink for a long time; and (b) the Defendant stated that he had been under criminal punishment for violent crimes; (c) the Defendant committed each of the instant crimes even though he was first punished by a fine by committing violent crimes; and (d) the Defendant committed each of the instant crimes as stated in paragraph (1) without any reason, in consideration of the fact that the Defendant committed each of the instant crimes without any reason, and the Defendant committed each of the instant crimes as stated in the judgment, the sentence of punishment is inevitable because it is necessary to isolate the Defendant from society for a considerable period as a chronic mar criminal; (b) the Defendant’s confession, the victim’s intent to punish the victims, the Defendant’s age, character and conduct, environment, etc.; and (c) the sentence shall be determined as per the order.

Judge Lee Jin-hun