200 Highest 3807 Violation of the Punishment of Violences, etc. Act (joint injury)

1. An employee who suffers from an injury: South 00. Symar and a restaurant;

Residential Chang-si window

[At present Busan Detention House Replace]

2. Kim-friendly (Gam) South 01. Neither she nor she;

Housing Chang-si, Masan-si

[At present Busan Detention House Replace]

3. Neither she nor she shall be co-owned;

Housing Chang-si, Masan-si

[At present Busan Detention House Replace]

Charge, Lee Jong-young, Lee Jong-young (Trial)

Attorney Kim* (Ap. for the defendant's injury, injury, and new co-ownership)

Attorney Han* (Korean National Assembly for the defendant Kim-friendly)

December 11, 2020

[Bodily Injury to Defendant] The Defendant shall be punished by imprisonment with prison labor for six months.

[Defendant Kim-friendly] Imprisonment with prison labor for two months shall be punished.

[Attachment] Defendant’s new co-ownership shall be punished by a fine of KRW 3,00,000. If Defendant’s new co-ownership fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

Criminal facts

On December 9, 2019, Defendant 1’s injury, Defendant 2, at the time of 21:30 so-called “the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s face to SNS, and Defendant her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Summary of Evidence

(Omission)

Application of Statutes

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

Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act.

Reasons for sentencing

[Judgment of the court below]

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

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

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Aggravation] Aggravations: Where a person leads or directs a crime;

[Recommendation and Scope of Recommendation] Aggravation, Imprisonment of six months to two years.

3. Determination of sentence;

The defendant's injury without any record of punishment exceeding the same kind of crime or fine is advantageous; however, the defendant's efforts to recover damage does not appear to have been made even though the defendant led the crime of this case, and it is inevitable to render a sentence as ordered in that the defendant did not receive a letter from the victim. In addition, the defendant's age, environment, motive for the crime, means and consequence of the crime, and various sentencing factors, such as the circumstances after the crime, shall be determined by taking into account

(Defendant Kim Jong-tae)

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

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

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of two months to ten months

3. Determination of sentence;

Although it is advantageous that the victim who is friendly, is not subject to the punishment of the defendant, it is inevitable to sentence sentence in that the defendant jointly with the defendant, thereby causing an injury to the victim's face and body several times, and the degree of participation is significant. In addition, the punishment is determined as ordered in consideration of various sentencing factors, such as the defendant's age, environment, motive of the crime, means and consequence of the crime, and circumstances after the crime.

【Co-ownership of the Defendant’s new and new sentencing factors, such as the Defendant’s age (the crime of this case at the time when the Defendant is a juvenile), environment, degree of participation in the crime, circumstances after the crime, etc., shall be sentenced to a fine as set forth in the Disposition, in consideration of the fact that the Defendant was not fully punished, and that the Defendant was not punished.

Judges Kim Gin-Un