2018Gohap1069 Special Serious injury

A

He/she shall file a prosecution and hold a court for his/her own democracy.

Attorney Hong Hong-chul (Korean)

December 27, 2018

A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

On October 24, 2018, at around 17:30 on October 24, 2018, the Defendant: (a) in the “C Real Estate located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (b) assessed the face part of the victim by taking care of the main of the victim, which is a dangerous object in which he or she was living; and (c) taken several times by taking part of the head of the victim, which was used on the floor, led to an unknown state of consciousness due to the victim’s depression, he or she had a dangerous object, thereby causing danger to his or her life. Accordingly, the Defendant carried the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. The first prosecutor examination protocol against the accused;

1. Each police statement concerning E and F;

1. Each investigation report (including evidence Nos. 4, 16, 21, 22, 30), on-site identification reports, and opinions of doctors;

1. Application of Acts and subordinate statutes to photographs of each on-site, photographs of damaged parts, and CCTV images extracted;

1. Article applicable to criminal facts;

Judgment on the assertion of the defendant and defense counsel under Articles 258-2(2) and 258(1) of the Criminal Act

The Defendant alleged to the effect that the Defendant had made a statement that he had no memory at the time of committing the instant crime, and that he was physically and mentally weak. However, in light of the following circumstances acknowledged by each of the aforementioned evidence, namely, the Defendant made a relatively detailed statement from an investigative agency to the immediately preceding committing the instant crime, and the witness immediately following the instant crime also made a statement to the extent that the Defendant was interested in the instant crime under the influence of a little under the influence of alcohol, it does not seem that the Defendant had the ability to discern things or make decisions at the time of committing the instant

Reasons for sentencing

[Extent of Recommendation] The basic area (one year and six months to three years) of the No. 2 (Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Injury)

【Determination of Sentence】

The fact that the Defendant itself recognizes the instant crime, that the instant crime cannot be deemed planned, and that the Defendant’s health status is not good, etc. are favorable to the Defendant.

However, the crime of this case is highly likely to criticize the victim in light of the means and result of the crime, as the crime of this case took place in an intensive care of the head that may cause a fatal danger, depending on the case, and led the victim to an unknown state by taking advantage of the degree of damage. Although the degree of damage of this case is very serious, the defendant cannot be seen as having been punished several times, including imprisonment with prison labor for violent crimes such as injury and assault. In particular, on January 18, 2017, the defendant committed the crime of this case, even though he was sentenced to a suspended sentence of imprisonment with prison labor for up to two years for injury in the Suwon District Court for the purpose of the crime of injury, etc. on August 18, 2017.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, occupation and career, family relationship, motive and content of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

The presiding judge, Park Nam-cheon

Judges Trial

Judges Kim Jae-young