2016 Highest 5355 Special Bodily Injury, Robbery, Fraud, Assault

A person shall be appointed.

Jind type (prosecutions) and Lind type (Trial)

A person shall be appointed.

November 15, 2016

A defendant shall be punished by imprisonment for one year.

Facts of crime

1. An special injury:

A. On November 26, 2015: (a) around 00, the Defendant: (a) around 00, at the victim D’s house located in Gwangju-si, carried the victim’s head and the head of the victim’s knife of his knife, in a profic acid and broom with a dangerous object, the size of which cannot be determined by which the victim’s head and left shoulder, etc. cannot be determined on the grounds that the victim’s head were stroked while having sexual intercourse; and (b) made it difficult to determine the size of the victim’s head and the head of the victim’s head once at the end of his knife, the Defendant puts the victim’s head on the day of treatment, and put the victim’s knife of the shoulder and the knife of the knife.

B. On November 27, 2015, the Defendant: (a) around 00:0 the place indicated in the foregoing paragraph (a); and (b) on the ground that the victim was sled by viewing a motion picture, etc., the Defendant sent knee a knee a knee a knee, knee a part of the kne-kne knes indicated in the above paragraph (a) with the kne-knee, knee a part of the kne-kne kne in which the victim’s left kneeae needs to be treated for about 14 days.

2. Suppression;

A. On October 30, 2015, the Defendant argued with the victim in Gwangju-si E on October 30, 2015, left the Defendant’s cell phone to the floor while gathering the victim’s cell phone and pushing the victim over the floor.

Since the victim's cell phone was separated from the victim's cell phone at a place where it is unknown in Seoul, the victim's cell phone was no longer known, the victim's cell phone was frighted as if the victim would inflict any harm on the body of the victim if the victim did not leave the cell phone.

On October 15, 2015, the Defendant: around 00, the Defendant had a fluorous victim purchase one of the 6S mobile phones equivalent to 917,900 won from the mobile phone store located in Yongsan-gu Seoul Metropolitan Government, where the name of the Seoul Station cannot be known; and was issued at the seat.

Accordingly, the defendant received property by threatening the victim.

B. On November 20, 2015, around 208: around 20: around 20: the Defendant demanded the victim to write down 1 million won at the place and door of the first paragraph; but the victim rejected it, the victim refused it, thereby damaging the body of the victim, and faced with the head with the wall, etc., was frighted as if the body of the victim would inflict any injury.

The defendant got a cash card from a food victim, and withdrawn one million won from the cash payment machine at a place where the same day cannot be known.

Accordingly, the defendant received property by threatening the victim.

C. On November 22, 2015, the Defendant: “On the road in Songpa-gu Seoul, the Defendant: (a) was frightened to wear clothes in the way so that they can not play properly; and (b) the Defendant was fright to inflict any harm on the body of the injured party if the injured party would not drink his clothes. The Defendant, at around 16:58 of the same day, had the frighter victim, who was fright, purchase 10,00,000 won in total at the door room in which the name of Songpa-gu Seoul Metropolitan Government H cannot be known; and (c) received them from the seat, namely, after having the Defendant purchase 93,00,00 won in total at the door room in which the frighter’s name is unknown.

After receiving the above clothes, the Defendant, in other words, did not appear in mind for the victim’s clothes. The Defendant: (a) thrown away the body of the victim at the seat of the victim; (b) laid down the body of the victim as if the victim would inflict any harm on the body of the victim if the victim did not sell other clothes. The Defendant, at around 18:41 on the same day, had the victim frightened, purchase one set of clothes with no knowledge of the name in Dongdaemun-gu Seoul Dongdaemun-gu in total amount of KRW 2.50,00 won, one set of tts and one set of tamper, and one set of tamper, and was delivered at the seat.

After the Defendant received the above clothes, i.e., “the victim does not go to her mar so far as they do not go to her mar so they do so,” and, if the victim does not go to her mar, she frighted as if she would inflict any harm on the victim’s body. The Defendant, at around 19:54 on the same day, had the victim drinking her mar buy 1,000 won from Dongdaemun-gu in Seoul, Dongdaemun-gu, and was delivered at mar.

Accordingly, the defendant received property by threatening the victim.

D. On November 27, 2015, at around 09:00, the Defendant demanded the victim to pay 500,000 won for additional correspondence expenses at the place indicated in paragraph 1(a), and demanded the victim to pay 500,000 won for additional correspondence expenses, as described in paragraph 1(b), and received one cash card from the victim who was assaulted to the Defendant, as described in paragraph 1(b), and withdrawn 50,000 won from the cash sheet at a place where the same day is unknown

Accordingly, the defendant received property by threatening the victim.

3. Fraud;

On November 2015, the Defendant decided to purchase Oral Ba from J on November 1, 2015, and concluded that, at K Bank located in Gwangju on November 11, 2015, the Defendant “the victim shall pay 10,000 won per month with her part-time fee to the victim,” and that, if the victim borrowed her part-time purchase price, she would have paid her part-time payment as if the victim were to do so.

However, the Defendant did not have any capacity or intent to repay money even if he/she borrowed money from the victim due to the absence of any particular income at the time. The Defendant had the victim deliver 700,000 won from tin to J, thereby acquiring property profits equivalent to the same amount of money.

4. Violence;

On November 25, 2015, at around 04:0, the Defendant committed assault against the victim on the ground that the victim was not able to see his/her motion picture on the front side of Ma in Seongbuk-gu L in Seongbuk-gu, Sungnam-si, on the ground that he/she was unable to see his/her motion picture, after viewing his/her motion picture.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each photograph;

1. A written diagnosis of injury to D;

Application of Statutes

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

Articles 258-2(1), 257(1)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(b)(b)(a)(b)(a)(b)(b)(b)(a)(b)(b)(a)(b)(b)

1. Aggravation of concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is that the crime of this case is committed on the basis of continuous injury to the victim who had a relationship with the defendant, and due to the regradation, etc., the quality of the crime is not good, the victim wants to punish the defendant, and the defendant's mistake is recognized, and the degree of damage is not significant, and the defendant appealed for five years at the Seoul Central District Court, and is currently pending in the Supreme Court, after being sentenced to imprisonment for the crime of robbery by robbery at the Seoul Central District Court, and appealed for five years, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

Judges B. For judges