2014 Highest 8706 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A

Kim Dong-jin (Lawsuits) and Kimchi (Trial)

Attorney Lee Ho-ho et al. (Korean National Assembly)

December 11, 2014

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

Criminal facts

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

On October 22, 2014: around 25, the Defendant: (a) while working on the roads of the Korea Agricultural and Fishery Marketing Corporation in front of the Korea Agricultural and Fishery Marketing Corporation 829, the Defendant: (b) received red signals from the victim D (the aged 48) who is a taxi driver while taking the string signal, and (c) taken the string signal, and taken the string back and face of the victim (the string of 48 years old) while taking the string signal.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. Injury;

The Defendant, at the date and time, at the place specified in Paragraph 1, brought the victim into the forebbage of the above victim, who had been driven by him, and forced him to stop the taxi, followed by drinking and sprinking the body of the victim, etc., and caused injury to the victim by taking the part of the victim’s sprinking according to himself/herself who want to flee, and by taking the part of the victim’s sprinking with the victim who want to flee, thereby taking about 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. Medical certificates (attached to a report on investigation);

1. Photographs (the screen screen, etc. of black stuffs in taxi);

1. A criminal investigation report (at the time of dispatch of report 112, etc.);

Application of Statutes

1. Article applicable to criminal facts;

Drivers: Assault Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 257(1) of the Criminal Act

1. Aggravation of concurrent crimes;

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

Grounds for sentencing

Although the Defendant had been sentenced to suspension of execution and fine several times for the same crime, he again committed the instant crime. The degree of injury to the victim caused by the instant crime is considerably significant, and it has not been properly restored to the present time. In addition, the Defendant is decided as per Disposition in consideration of all the circumstances, including the circumstances leading to the instant crime, the means and methods, etc.

Judges or higher-ranking