2015 Highest 73 Violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.);

Property Damage

Kim XX (82 - 1), non-permanent

Seoul ○○-gu ○○-dong

Yellow Jin Line (Lawsuits) and the lowest (Public Trial)

Attorney Lee △-hoon

July 3, 2015

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

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

Seized evidence No. 1 shall be confiscated.

Criminal facts

The defendant is a physician who has taught with the victim Han-○ (n, 34 years of age).

On December 22, 2014: around 23, 2014: Around 23, when the Defendant was under the influence of alcohol at the victim’s residence in ○○○ Dong-dong, Seoul, the Defendant: (a) avoided the disturbance of the gate, such as moving the gate; (b) the victim left the gate and flabed from the house to the outside of the flab; and (c) flabing the victim’s bath, she was in the flabing room; (d) she was in the flab, she was in the flab; (e) she was in the flab; (e) she was in the flab; (e) she was in the flab; and (e) she was in the flab; and (e) she was in the flab by entering the flab to open the locked door; and (e) she pushed the victim with the locked door.

Therefore, when the victim made a 112 report, the defendant took a bath to a sunken area on the ground that he reported the victim, he had the victim take a smartphone (opon 6 flus) from five times to take the floor of the seed, and has the chaired chaired with cremation strings, and had the chaired with the chair, the consignee, and the cremation string at that place. In addition, the defendant was unable to resist the victim's left face to the victim who intends to flue himself, and the victim was fluord with the victim's body so that he could not take up the victim's body, and fluored with the victim's credit card that he was in a fluor, and caused the victim's death and damage to the victim's credit card.

As a result, the Defendant damaged the property owned by the victim whose total market value cannot be known, and carried the prompt credit card, which is a dangerous object, and put the victim under pressure for about 14 days to require medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness ○○;

1. The body and parts of the victim, and the cellular phone pictures, photographs of seized articles, and photographs of the body and parts of the victim;

1. A written diagnosis of injury;

Application of Statutes

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

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the occupation of carrying or injuring dangerous objects), Article 366 of the Criminal Act (the occupation of causing damage to property and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation (non-performance, non-performance of punishment, and minor injury);

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (non-performance, non-performance of punishment, and minor injury);

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Defendant’s assertion

The defendant's defense counsel argues that the credit card 'blured' is a rubber material, so it cannot be viewed as a dangerous material under Article 3 (1) of the Punishment of Violences, etc. Act.

The dangerous articles under Article 3(1) of the Punishment of Murder and Violences, etc. Act include all articles that can be widely used to inflict harm on human life and body even if they are not a deadly weapon. As such, not only the articles made for the original purpose of destruction but also the articles made for any other purpose, if they are used to inflict harm on human life and body, shall be deemed a dangerous article under the above provision. Whether they constitute a dangerous article under the above provision shall be determined based on whether the other party or a third party may cause harm to human life or body in light of social norms in specific cases (see, e.g., Supreme Court Decision 2014Do1894, Jun. 12, 2014).

In light of the following circumstances acknowledged by the evidence duly adopted by the court and examined the evidence, the credit card used by the defendant is not a solid plastic material, but a solid plastic material, and the damaged credit card can easily tear people. In light of social norms, it is reasonable to view that the credit card used by the defendant constitutes a dangerous object under Article 3(1) of the Punishment of Violences, etc. Act, as it is sufficient to allow the other party or a third party to suffer harm to their life or body. Therefore, the above assertion by the defense counsel is without merit.

Reasons for sentencing

○ Group 1 Crimes

[Scope of Recommendation] Form 1 (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Bodily Injury) Special Mitigation Zone (In September to June)

[Special Mitigation] Minor Bodily Injury, Non-Punishment

[Scope of the applicable sentences] One and half years from June of one year to 2 crimes (property damage) subject to the sentencing guidelines (determination of sentence) are insignificant; the victim does not want the punishment of the defendant; contingent crimes are contingent crimes; the defendant reflects the defendant; the relationship between the defendant and the victim is determined as the sentence.

Judge Upper-gu