Cases
Violation of the Punishment of Violences, etc. Act (Joint Injury)
h) obstruction of performance of official duties, injury
Defendant
A
Prosecutor
Simplely Correction (Public Prosecution)(Public Trial)(Public Trial)
Defense Counsel
Attorney B (Korean National Assembly)
Imposition of Judgment
April 28, 2016
Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal History Office
【Criminal Power】
On October 1, 2014, Defendant A was sentenced to two years of suspension of execution in one year and six months of imprisonment with prison labor for violating the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court Kimcheon Branch on October 1, 2014, and such judgment became final and conclusive on October 9, 2014.
[criminal Facts] The Defendant and C, D, E, and F, who are the constituent causes of the organization, knew that G is wraping with the victim H, and came to the name of Jel at around 01:00 on the first day of February 2013, in order to prevent retaliation and reporting to the victim. D, who first arrived at the above site, and expressed that the victim would be "I am feas, I am feas, our birth and dry No.," and expressed that the victim would be able to blick down, and that the victim would not be able to blick up with her face while taking care of the victim, and that the victim could not be able to blick up with her face while taking care of the victim's flick, E, and F, and that the victim could not be able to take care of the victim's face, and that the victim could not have been feasd with the victim's face at the site after diving.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol concerning C, D, E, or F;
1. The prosecutor's statement concerning H;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Jan. 2, 2014); Articles 2(2) and 2(1)3 of the same Act; Article 257(1) of the Criminal Act (elective of imprisonment)
1. Handling concurrent crimes;
The latter part of Article 37 and Article 39(1) of the Criminal Act
1. Suspension of execution;
On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered.
○ Unfavorable circumstances: The Defendant committed a crime related to violence on several occasions, but again committed a crime.
The favorable circumstances of ○: The defendant has agreed with the victim smoothly and shows a attitude that reflects his fault.
Judges
Judges Lower-ranking