2015 Gohap57 Injury caused by violence, fluorous building and fire reserve

A (65 years, South Korea), Agriculture

Kim Jong-Un (Court Prosecution) (Court of Justice) and Kim Un-young (Court of Justice)

Attorney Park Sang-woo (Korean National Assembly Line)

June 12, 2015

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

The seized gasoline 20 liters (No. 1), and 5 liters (No. 2) shall be confiscated, respectively.

Criminal facts

The Defendant is between the victim so-called “(n, 45 years of age)” and the married couple, and the father of the victim Lee ○○ (19 years of age) is the victim’s injury.

Around 11:00 on February 17, 2015, the Defendant, on the ground that the ○○○○, a son, made a false statement at the ○○○○○○○○’s residence in Ulsan-gun, Ulsan-gun, and on the ground that the son, the son, and the son, ○○○, said son, her son, her son, her son, her son, her son, her son, her son, her son, her son, and her flab into a bath, and her flab into a bath, and her flab, her son, who was her her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, suffered from the Defendant’s right-hand 4 son.

2. Preliminary building or fire prevention reserve;

On February 17, 2015: around 20: (a) the Defendant: around 20, the Defendant: (b) divided the victims’ house into ○○○, the victim’s wife, and the victim’s house; and (c) did not move back to fire prevention because the victims’ house was stored in the residence for the purpose of harming approximately 29 square meters (round 29 square meters) with his family; (d) one gasoline tank (f) being kept in the residence for the purpose of harming the Defendant’s house; (e) one gasoline tank (f) brought into the ward, and (f) one gasoline tank (f) took part of gasoline into the ward and room, but did not go back to the ward and room; (e) the Defendant did not attach it.

Accordingly, the Defendant reserves the fire prevention of the above house, which is the present building.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by each police officer on ○○ and Dozed○○

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1.Each investigation report;

1. On-site map and photograph;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 262, 260(1), and 257(1) of the Criminal Act (the fact of assault or bodily injury, the choice of imprisonment)

Articles 175 and 164 (1)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be prescribed by the crime of causing serious violence or injury.

Aggravation of Concurrent Crimes

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Probation;

Article 62-2 (1) and main sentence of Article 62-2 (2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one month to ten years and six months;

2. The scope of recommended sentencing criteria: Imprisonment with prison labor for not less than one month.

(a) Crimes of causing violence;

[Determination of Type] Violence Crime Case> (Bodily Injury by Violence) Type 2

[Special Mitigation] Minor Bodily Injury, Non-Punishment

[Scope of Recommendation] One month to one year and six months

(b) Preliminary crimes against a suspender building or fire;

The sentencing criteria are not set.

(c) Application of standards for handling multiple crimes;

Since the crime of assault and bodily injury against which the sentencing criteria are set without the sentencing criteria are concurrent crimes under the former part of Article 37 of the Criminal Act, the minimum limit of the sentencing range for the crime of assault and bodily injury for which the sentencing criteria are set shall apply.

3. Determination of sentence;

The crime of this case was committed by the defendant by assaulting the wife who is the victim, and the victim's wife and children's dwelling place, which is the present building where the victim's wife and children reside, and the crime of this case was committed in bad quality. In particular, even before the crime of this case was committed, the victims who are wife and children are victims several times.

It seems that the victims have suffered from physical and mental pain for a long time due to the repeated domestic violence of the defendant. It seems that the victims should be punished for severe punishment.

However, the defendant recognized all of the crimes of this case and is in depth against the victim.

In light of the circumstances favorable to the defendant, such as the minor extent of the injury suffered by ○○, the fact that the victims did not proceed to the actual act of execution in the case of the present state building and fire prevention, the victims want to leave the front of the defendant's wife by agreement with the victims, and the fact that the defendant does not have any criminal record of suspended execution or more, the punishment shall be determined as ordered within the scope of the above sentencing guidelines, taking into account all the sentencing conditions shown in the arguments in the present case, such as the defendant's age, family relation, criminal relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc.

The number of judges in the presiding judge

Judges Choi Jae-won

Judges Choi Min-young