2020 Highest 86 Special Violence, Special Intimidation

Kim Ho-U.S. (Gai), 66 years old, South, and Japan workers;

Residential Ulsan

Resettlement (prosecution) and Kim Young-young (Public trial)

May 15, 2020

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal History Office

around 14:14:30 on October 14, 2019, Defendant: (a) driven a 100-nived vehicle on the Dong-dong coast of Ulsan-gu, Dong-dong; (b) - In the front of the Defendant’s front line, the Defendant 29 years old was driving a rash vehicle with the victim’s heart (the victim’s name, 29 years old) getting on the kickboard and driving the rash, while driving the rash vehicle at the speed of the rash, thereby making the rashed vehicle fasted to the victim’s rash; (c) the Defendant got off the victim’s rash while driving the rash at the victim’s seat; and (d) the Defendant got off the victim’s rash to the victim’s rash and the victim’s rash to the victim’s rash, thereby making the victim’s rash and the victim’s rash to the victim’s 20-day rash.

Summary of Evidence

1. The legal statement of the defendant

1. A written statement of the police made to the victim Kim Ra;

1. A statement made by the injured party;

1. A written diagnosis of injury inflicted on the victim Kim Ra;

1. Application of Acts and subordinate statutes to photographs improved;

1. Relevant provisions concerning criminal facts;

Articles 262, 261, 260(1), and 257(1) of the Criminal Act (the fact of causing special assault, and in the case of special assault, the establishment of Article 258-2 of the Criminal Act shall be construed as punishing a person in accordance with Article 257(1) of the Criminal Act, notwithstanding the establishment of Article 258-2 of the Criminal Act. Supreme Court Decision 2018Do3443 Decided July 24, 2018) of the Criminal Act; Articles 284 and 283(1) of the Criminal Act (the fact of special intimidation)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on the crime of causing special violence)

1. Selection of a punishment;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Code (hereinafter referred to as "the grounds for the two-year sentence"), which is favorable to the defendant, shall be taken into account.

1. Grounds for sentencing: Imprisonment with labor for not less than one month nor more than ten years;

2. The scope of recommending sentences according to the sentencing standards.

(a) Crimes of paragraph (1) (Bodily Injury resulting from special assault);

[Determination of Type] Violence Crimes

[Special Sentencings] Reductions: Non-Provision of Punishments

[Scope of Recommendation and Recommendation] Reduction Area, Imprisonment with labor for February 1, 200

(b) Two crimes (special intimidation);

[Determination of Type] Intimidation (Type 4] Cumulative Offense, Special Intimidation

[Special Sentencings] Reductions: Non-Provision of Punishments

[Scope of Recommendation and Recommendation Form] Reduction Area, 2 months to 1 year: Imprisonment with prison labor: 2 months to 2 years (the upper limit of the first crime + 1/2 of the upper limit of the second crime)

3. Determination of sentence;

m. Unfavorable circumstances

The fact that the crime is not good in light of the crime of this case, such as the defendant's display of a deadly weapon and threatening victims, is disadvantageous to the defendant.

4. favorable circumstances

The circumstances are favorable to the defendant, such as the fact that the defendant has been punished twice as a fine for long time, the fact that the victims do not want the punishment of the defendant, the fact that the victims are recognized as crimes, and the fact that they are against the impulses, by agreement with the victims.

Other circumstances, such as the degree of injury, background of injury, age, character and conduct, environment, occupation, motive and result of the crime, circumstances after the crime is committed, etc. shall be determined by comprehensively taking into account all the circumstances that are the conditions of punishment as shown in the arguments and records and arguments.

Judges Jeong Jong-soo