A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act by force by the District Court, and completed the execution of the sentence on March 24, 2017.

On August 29, 2017, at around 08:30 on the roads in front of the building in the construction in the Gyeonggi-si, Gyeonggi-si, the Defendant: (a) took part of the victim D (44) who is exercising the right of retention, which was parked there, and (b) took part of the victim’s bucks in front of the right of the said vehicle by using the E K7 car driven by the Defendant, and went beyond the ground floor.

As a result, the Defendant carried a dangerous object-related motor vehicle and carried about about 13 days of treatment to the victim, resulting in a fluoral base, fluoral seat, dluoral seat, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A statement of the F;

1. Each description and image of the injury diagnosis certificate and CD;

1. Previous convictions in judgment: Application of respective Acts and subordinate statutes in which inquiries, such as criminal history, and personal expropriation status are entered;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes (the sentencing criteria are not yet established for special injury crimes under Article 258-2 of the Criminal Act newly inserted on January 6, 2016, and therefore, the sentencing criteria are not applicable).

On September 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an indecent act committed by the District Court of the Republic of Korea on March 24, 2017, and again committed the instant crime on five months in spite of the completion of the enforcement of the sentence.

The damage was not recovered.

The special injury crime of this case sets the term of punishment in consideration of the fact that only the statutory penalty provides for imprisonment, the minimum sentence is one year, and it is impossible to suspend the execution of the sentence against the defendant. Thus, the defendant was sentenced to imprisonment, and the defendant is against the law, etc.