2017 Highis84, 2017 Highis1273 (Joint), 2017 Highis1284 (Joints)

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, Property Damage and Violence)

Violation of the Punishment of Acts, etc. Act (joint injury) and the Punishment of Violences, etc. Act.

Ban (joint Violence), Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury, etc.), breadth

Violation of the Punishment of Meritorious Acts, etc. Act (joint conflict), public conflict, assault

A

Hand-time (prosecution) and Kim Jong-hwan (public trial)

Attorney B (Korean National Assembly)

February 8, 2018

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

Criminal facts

【Criminal Power】

On September 29, 2016, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person who has been sentenced to three years of imprisonment for a special quasi-rape) at the Seoul Eastern District Court on September 29, 2016, and is still under suspended execution after the judgment became final and conclusive on October 7,

[2017Gohap884]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

The Defendant, around June 12, 2017, around 02:10, around 2017, 243, on the top of the steering line of the victim C (the age of 67) in the subway No. 243, the subway No. 243, which was located in the Asia-gu, Seoul Special Metropolitan City, called "the account number is changed because the victim would have no rent." However, the Defendant, who was refused from the victim, called "the victim would be equal to the bit of the bit bit bit bit bit bit bit." The Defendant spicked the victim's face while driving the taxi from the victim "the driver of the above taxi .................." The Defendant spicked the victim's chest to the right side of the taxi, and the victim tried the victim to report his face to the mobile phone after stopping on the side, caused the victim's injury to the victim's new bus at the Gangnam 2.

2. Damage to property;

On June 12, 2017, at around 02:15, the Defendant: (a) walked the front glass window of the victim’s driving at the front of the New Middle School located in the pressure-gu Seoul, Gangnam-gu, Seoul, with a view to cutting off the front window of the victim’s driving; and (b) walked with a string, a meter, and a receipt machine. Accordingly, the Defendant damaged the victim’s property so that the repair cost equivalent to KRW 2,035,000 can be borne by the Defendant. [2017 Gohap1273]

1. Violation of the Punishment of Violences, etc. to Victims E Act;

At around 04:15 on March 28, 2017, the Defendant told K to make female-friendly job offers of victims E (22 years of age) where J had been engaged in seeing together with H, I, J, etc. on the Gbling site located in Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant said that "a dial-related job offers of victims E (22 years of age)" was "a dial-related job offers". Accordingly, when the victim was drinking his J face, the victim was h when she was frightd with his face, and she was frightd with the victim's face by drinking, and she was frightd with the victim's face by drinking the victim's body. The Defendant also she was frightd with the victim's face twice, and the victim's face was frighted by her head and her head, and she was kned with the victim's kne.

As a result, the Defendant, in collaboration with H and I, inflicted bodily injury on the part of the victim, such as flags, flags, flags, and left upper part of the body.

2. Violation of the Punishment of Violences, etc. to Victims K or L Act (joint assault);

The defendant, in collaboration with I, was able to see the victim K (the age of 21)'s face at the time and at the place specified in Paragraph 1, as described in Paragraph 1, and used the victim K (the age of 21), and used the victim K's face at two times, and used the victim's face (the age of 20) at one time as drinking with K, and assaulted the victims by taking the victim's head knife with his hand. [the age of 20]

1. Assaulting victims M;

A. On April 4, 2017, the Defendant: (a) using the estest 01:00 p.m., the Defendant: (b) stated that “whether 13 years of age can lend money to the victim M (the 13 years of age? It is necessary to reach an agreement on assault; (c)” and (d) forced the victim to attack in the manner of showing the weather that seems to be at the time when he did not pay money; (d) caused the victim to put 5,000 won in the body of the victim’s house at around the said time; and (e) caused the victim to put 5,000 won in the body of the victim’s house at around 11:16 on the same day; (e) received 5,500 won on May 6, 2017 from the victim; and (e) received 31,000 won in the name of the Defendant’s bank in the name of 31,600 won on May 5, 2017.

B. At around 18:40 on May 5, 2017, the Defendant: (a) stated that “the victim M is on probation, and the agreement on assault is necessary.” The Defendant entered a Gaphone 7-phone mobile phone, which is located in Seongdong-gu Seoul, for one day; (b) changed from the mobile phone agency to gallon S7 or gallon S8; and (c) changed from the mobile phone agency to 5-10,000 won for gallon S7 or gallon S8; and (b) made it difficult for the Defendant to know of the mobile phone, the Defendant was issued one mobile phone 70,000,000 won at the market price from the victim who was falpphone 12,200,000 won at the market price.”

Accordingly, the defendant was given property by threatening the victim.

2. Mutual assistance to the victim Qua1;

A. On July 29, 2017, the Defendant, around 22:08, expressed the victim Q Q (year 13)’s attitude at the front of the S convenience store located in Seongdong-gu Seoul Metropolitan Government, stating that “the resident registration certificate is sold and sold L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L

As above, the Defendant: (a) allowed a victim, who frightened, to enter the victim, to enter the Internet website with a cell phone owned by the victim; (b) allowed the victim to settle the total amount of KRW 397,500 on three occasions, including KRW 17,50,000, KRW 230,000 on August 1, 2017; and (c) around 19:49 on August 2, 2017; and (d) around 21:12 on August 2, 2017, KRW 150,000 on three occasions; and (e) used the amount equivalent to the above amount. Accordingly, the Defendant acquired property benefits by attacking the victim.

B. On August 4, 2017, around 19:07, the Defendant, at the front of the Geumdong-gu Seoul Metropolitan City, stolen Otoba on the front of the gold spamba, and gave rise to the Defendant’s attitude of reporting to the police if he did not know the money.

As above, the Defendant: (a) had a victim frightened with the victim’s attack, and had the victim frightened with the Internet site in a cellular phone; (b) had the victim pay a total of KRW 107,500 on August 5, 2017 and KRW 107,500 on two occasions, including KRW 7,500, a total of KRW 100,000 on two occasions on the same date and time; (c) had the victim pay a small sum of KRW 20,000 on August 6, 2017; and (d) received KRW 20,000 from the victim to the Korean bank account (N) around 23:00 on August 8, 2017; and (d) received KRW 30,000 in cash from the victim. Accordingly, the Defendant received property benefits by attacking the victim and received property.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims M;

On August 9, 2017, at least 05:30, the Defendant sent the victim M as specified in paragraph (1) on the road front of U convenience points in Seongdong-gu Seoul Metropolitan Government, and when the victim reported to the police the damage as specified in paragraph (1) on the ground that he reported it to the police, the Defendant: (a) stated, “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

4. Violence against the victim W or V;

During the time and place described in paragraph (3), the Defendant: (a) stated the Victim W (14 years of age) as “I ma Ma”; (b) stated the Defendant’s Ma as “I Ma, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, you am at the left side of the Victim Y

5. Violation of the Punishment of Violences, etc. Act against Victims M;

At around 07:00 on August 9, 2017, the Defendant, along with V, stolen Q from the front of the Mapo National Sports Center located in Seongdong-gu Seoul, Seongdong-gu, Seoul, 11-ro on the front of the Mynam Sports Center, before Q is a accomplice who was the victim M of the foregoing paragraph 1, who was shottoba, Q, and Q, flying off the victim M, who was shot in the rear seat, and Q, at the same time. He did not report to the police, bring about KRW 1 million of repair cost, and D. There is no money and valuables or parents' cellular phone in the house, and D. N. V. did not report the victim's flight to the police in a way that the victim does not know the victim's escape.

The Defendant, along with V, received one unit of gallon J7 mobile phone2 at the market price of 600,000,000,000 from a drinking victim who embling the victim, as seen above. Accordingly, the Defendant was jointly and severally provided with V with V and received property.

6. Damage to property;

On August 16, 2017, at around 05:00, the Defendant destroyed the Z 301 of the Defendant’s Y operation in Songpa-gu Seoul, by taking away goods equivalent to the market price of TV, toilet glass, etc. (1,710,00,000 won) from the Defendant’s female-friendly AA and her friendly AB, who drinks alcohol together with the Defendant’s female-friendly AB and her friendly AB.

7. Violence against AB by a victim;

On August 16, 2017, at around 06:30 on August 16, 2017, the Defendant assaulted the victim by her hand when her nose, math, fin, etc. when her cherb (at least 18 years of age) drinking together with paragraph 6 at the 23rd floor corridor as stated in paragraph 6.

Summary of Evidence

[2017Gohap884]

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A written diagnosis of injury;

1. Photographs, a 112 reported case processing slip, a warning receipt, a vehicle photograph, a general repair cost estimate, and a victim taxi records (including voice) video records;

1. A criminal investigation report (related to the submission of a victim's taxi boom file, a record file, a certificate of injury, etc., the confirmation of the screen image submitted by the victim, and the submission of a written estimate of costs for repairing a taxi by the victim);

[2017Gohap1273]

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. Copies of each police interrogation protocol against E, H, AC, J, and I;

1. Copies of each police statement concerning K and L;

1. A copy of each statement of K, L and D;

1. A copy of a CCTV data CD or a receipt for medical expenses of a hospital;

1. A copy of the investigation report (on-site CCTV verification, submission of a receipt for treatment expenses of suspect E hospital, and correction of the name of the crime);

1. Defendant's legal statement;

1. Each police statement of M, AB, andY;

1. Copies of each police statement of M, Q, V, and W;

1. Written statements, AB, andY;

1. A complaint;

1. A written diagnosis of injury to a victim;

1. Contents of communications with Messen;

1. A report on internal investigation (a substitute for motive for the submission of a written complaint);

1. A copy of the investigation report (in relation to the confirmation of CCTVs against A, the suspect A, the suspect A, the suspect V, the confirmation of CCTVs against the suspect, the details of intimidation by the suspect A to Q Q, and the details of damage caused by the victim Q);

【Prior Records at the Time of Sales】

1. Search reports on criminal records, investigation reports (such as attachment of a copy of the judgment, and crimes during the period of suspended sentence A against a suspect);

Application of Statutes

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

Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of each Criminal Act, Article 366 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, Article 257 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 260 (2) 3 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, Article 50 (1) of the Punishment of Imprisonment with Labor, Article 50 (1) of the Punishment of the Act, etc.

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. The grounds for sentencing: Imprisonment with prison labor for a year and June 1, 222;

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

(a) Basic crime - Violation of the Aggravated Punishment, etc. of Specific Crimes Act;

[Determination of Punishment] Crimes of Violence

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor, one year and six months - Three years;

(b) Concurrent crimes 1 - Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury, etc.);

[Determination of Type] General Injury to Violence> Types 1 (Inflicting for Ethical Purpose)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor, one year - two years. Concurrent Crimes 2 - Violation of the Punishment of Violences, etc. Act (Joint Bribery)

[Determination of Punishment] Type 1 (less than 30 million won) shall be used as a general attack.

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor for six months - One year

(d) Application of standards for handling multiple crimes: One year and six months of imprisonment - four years and four months (one year of imprisonment with prison labor of 1/2 of the upper limit of the range of sentence for one concurrent crime and 1/3 of the imprisonment with prison labor of 1/2 of the upper limit of the range of sentence for two concurrent crimes in three years which are the upper limit of the scope of sentence for basic crimes);

3. Determination of sentence: The crime of this case committed in one year and six months was committed by the Defendant by assaulting the taxi driver, causing injury to the taxi, causing damage to the taxi glass and meters, causing damage to the taxi, and causing damage to the victim by cutting off the money and cellular phone from the students at the same time, or making small payment from the cell phone, and reported to the police by the victim, thereby committing an injury for the purpose of retaliationing the victim. The crime of this case was committed during the suspension period of execution of the first head judgment of the Defendant. The crime of this case was committed in entirety during the period of suspension of execution of the first head judgment of the Defendant, and the degree of criticism is greater. In light of the aforementioned criminal history, criminal facts, and the result of the crime, the Defendant did not receive a letter from the victims. In light of the aforementioned criminal records, the crime of this case was punished even if the Defendant was a high school student at the age of 18, a high school student, by taking into account the circumstances corresponding to the Defendant’s responsibility.

However, the fact that the defendant repents and reflects his mistake, the defendant appears to have committed a series of crimes in a state of emotional anxiety after being mentally shocked due to the death of her mother and friend, and the fact that the victim who is a taxi driver is not wanting to be punished by the defendant in an agreement with the victim who is a taxi driver, shall be considered as favorable circumstances, taking into account the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case, circumstances after the crime, etc., and determining the punishment as ordered by the disposition, comprehensively taking into account various sentencing conditions stipulated by Article 51 of the Criminal Act,

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

1) A death obtained through the examination of evidence without any changes in indictment to the extent that the defendant's right to defense is not disadvantaged

Some were corrected according to actual relations.

2) The phrase "galthal lusular phone equivalent to KRW 1.2 million in the indictment is obvious that the phrase "galthal lusular phone equivalent to KRW 1.2 million" is correct (2017)

Gohap1284 Investigation Record 3-98 (Evidence List 27)

3) Since the phrase “1,370,000 won” in the indictment is apparent that it is a clerical error, it shall be corrected [2-30,35 pages of the investigation records 2017 Gohap1284.

(Evidence List No. 20)