2019 Highest 1969 Special Injury, Obstruction of Affairs

A 57.Jins

Demotion (Court Prosecution) and Kim Min-hee (Court Trial)

Attorney* (Korean National Assembly)

August 29, 2019

A defendant shall be punished by imprisonment for one year.

Criminal facts

On November 1, 2018, the defendant, a resident of the ○○ apartment, obstructed the management of the apartment by the victim, such as embezzlement of management expenses, taking a large amount of care of and taking a bath for the victim without any ground to the head of the above apartment management office (57 years of age), but was investigated due to the victim's complaint on January 17, 2019: the victim was found to have been refused by the victim, but the victim was found to have requested withdrawal of the complaint at around 00:0 on the same day. However, the victim was found to have been drunk-gun, Ulsan-gun, Ulsan-gun, and 21:38 on the same day. Then, the defendant found the victim again in the above apartment management office (57 years of age) where the victim was working, * 00 Doo 00, the victim expressed that "the victim would be Chewing sild, knick, and kn't the victim's body, and followed the victim's body.

As a result, the defendant carried dangerous articles with the victim about about 14 days of medical treatment, thereby obstructing the victim's apartment management business by force.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 258-2(1) and 257(1) (a) of the Criminal Act, and Article 314(1) of the Criminal Act (a point of business year and choice of imprisonment)

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years; and

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

(a) A crime under subparagraph 1 (Special Bodily Injury);

[Determination of Type] 02. Special Bodily Injury, Bodily Injury [Type 1] Special Bodily Injury

[Special Aggravationd Persons] Aggravationd: The motive of committing a crime to criticize

[The scope of recommendations and recommendations] Aggravation, 1 year to 3 years of imprisonment

(b) Second crime (Interference with business).

[Determination of Type] Interference with Business 01. Interference with Business / [Type 1]

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, Imprisonment of six months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: One year to three years. (The first crime maximum + the second crime maximum 1/2)

3. Determination of sentence: The sentence shall be sentenced in consideration of the fact that there are many criminal records of the same kind, dangerous crimes, the motive of the crime, the serious reflective behavior, and the victim's severe desire, and the sentence shall be sentenced in consideration of the fact that the degree of injury is not severe;

Judges Kim Jong-ok