2020 Gohap103 Violence

Jin-Defendant (name) South 63.Jin-Jin-Jin-Jin-Jin

Seopo-si, Seopo-si, Seopo-si

Nowalian (Public Prosecution) or private harassment (Public Trial)

Attorney Kim* (Korean Charter)

Attorney Lee* (Korean National Assembly)

December 1, 2020

A defendant shall be punished by imprisonment for four months.

Criminal History Office

【Criminal Power】

On January 25, 2018, the Defendant was sentenced to imprisonment with labor for the obstruction of performance of official duties by the Seoul Central District Court, and on July 8, 2018, the Seoul Eastern Detention House completed the enforcement of the sentence.

【Criminal Facts】

On February 13:27, 2020, the Defendant: (a) provided consultation with the victim’s staff (a person, 47 years of age) who is an employee, and requested an interview with the auditor’s staff, and (b) provided the victim’s desire to “a Chewing sprink” to “abre the victim’s sponsed with his left arms,” and used the victim’s sponsed the victim’s spons with his left arms at around 340, Ulsan-gu, Ulsan-gu, Seoul Metropolitan Government Customer Counseling Office; and (c) provided consultation with the auditor’s staff, on the part of the victim who did not have an interview with the audit room.

Summary of Evidence

(Omission)

Application of Statutes

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

Article 260(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act provides that defendant and defense counsel's assertion and results of jury verdict

1. The summary of the assertion: Although there was a fact that the arms written by the defendant had contacted the part of the victim's timber, the defendant did not have any intention to assault the victim.

2. Results of the jury verdict: Imprisonment with prison labor for one month to four years; 1. The grounds for sentencing of the jury (seven full-time jury sentencing);

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

[Determination of Punishment] Violence Crimes 03. Assault Crimes / [Class 1] General Violence Crimes

[Special Aggravationd Aggravation] Aggravationd : Same repeated crime (excluding the type of repeated assault among six types):

[Recommendation and Scope of Recommendation] Aggravation, Imprisonment from April to June 1.

3. Sentencing opinions of jurors (seven jurors);

○ 10 months of imprisonment: One person;

○ Six months of imprisonment: One person.

○ Fines 4 million won: one person;

Fines of 3 million won: Four persons;

4. Determination of sentence: Imprisonment with prison labor for four months; the extent of assault inflicted by the defendant on the victim is relatively minor; and some of the circumstances that can be considered in the living environment of the defendant appear, etc. are favorable to the defendant.

However, on the other hand, the crime of this case was committed against the victim belonging to the Korea Workers' Compensation & Welfare Service on the ground that the compensation for disability is not adequate, and it is not good for the defendant to commit the crime, and the defendant has the same criminal ability to punish the defendant, and the defendant does not know about the fact that the crime of this case was committed during the period of repeated crime, and there is no possibility of criticism and criticism, and the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant. Other factors such as the defendant's age, character and behavior, intelligence and environment, motive for the crime, circumstances after the crime, etc., and the jury's opinion on the sentencing are determined as ordered (On the other hand, the prosecutor tried to order the defendant to bear the costs of lawsuit against the defendant, but he does not order the defendant to bear the costs of lawsuit in consideration of the defendant's age, occupation, etc

For the above reasons, this case is judged as ordered through a participatory trial according to the defendant's wishes.

The presiding judge, judge, Dong-gu

Judges Nam-tae et al

Judges Han Young-young