2017 Highly 634 Serious injury

A

The type of punishment (prosecution) and prosecution (public trial)

Attorney B

September 7, 2017

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

Criminal facts

On June 8, 2017, at around 21:08, the defendant discovered the victim C (72 years of age) from the exit of five times in the Han Jae-gu Seoul Seocho-gu, Seoul, by approaching the victim of the living site without any reason, and put the victim's body and walk together with the distance. At around 21:35 of the same day, the defendant was on the bus at the bus stops of the Yang Jae-gu, Seoul, and was on the village bus No. 18 community bus at the bus stops of the Yang Jae-gu, Seoul.

The defendant settled the bus fee and started to be seated immediately before the back of the village bus.

A. The victim who tried to escape from the position of the defendant was forced to sit in the seat of the victim by attracting the victim, and by using the right shoulder that was cut down on the victim, the victim's chest and neck was pushed down toward the wall right side of the seat.

The defendant continued to get out of the job and the head of the victim's body was tightly sealed and shakened, and the victim's seat was tightly sealed, and then the victim's back and head part was tightly divided into three minutes by plucking up to the lower part of the seat.

During that process, the defendant confirmed that the victim lost the full resistance of the victim's head and increased the head, and while the above community bus article D reported to the police, the head and the breast part of the victim's head and the breast part of the victim who increased by the defendant's right shoulder back to the defendant's right shoulder continued to be the side of the wall.

As a result, the defendant suffered from the injury of the victim such as chest T1 and T2 caused the victim to a fluorous or incurable disease by suffering from the injury of the complete water, the damage of the defluence, and the defluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Written statements of D;

1. A medical certificate (C);

1. At the present date (as of June 22, 2017) of the victim C, blackbbox CDs, victim and suspect mobile lines, CCTV, main booms, and victim C, which are installed within the village bus No. 18, E;

1. Investigation report (report on the F interview between second children of the victim), investigation report (to listen to D telephone statements of community bus articles No. 18 at the beginning);

Application of Statutes

1. Article applicable to criminal facts;

Article 258(2) and (1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to ten years;

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

[Determination of Type] General Injury to Violence> Types 2 (Serious Bodily Injury)

[Special Mitigation/Discretionary] Ad Hoc (including serious efforts for the recovery of damage) / Victims vulnerable to crimes

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for one year to two years

3. Determination of sentence;

[Unless there is any reason, the Defendant used the Defendant’s shoulder, balm, and pluck, etc. against the elderly victims who do not have any way to see, without any reason. One-time violence was committed by using the Defendant’s shoulder, balm, and balp, etc., by taking advantage of the Defendant’s shoulder, balp, and balp, etc., 10 minutes of 10 minutes. A victim who did not have any error due to the Defendant’s act was suffering from serious injuries while gathering English, and was placed in a balp, with which the victim’s family members should live in the life in the state of math and inconvenience. The victim’s family members were also considered to have been suffering from pain caused by the Defendant’s act that was unable to understand, and in the future, the Defendant sent time to the victim’s family members with no reason to exercise the victim’s wrong actions at the first investigative agency, and the victim’s family members were also able to defend the same purport.

[I] Prior to the instant crime, the Defendant did not have any history of punishment for the criminal act before the instant crime was committed, and all of his errors are reflected. The Defendant has faithfully worked for 30 years while managing an elementary school’s facilities as a public official belonging to the Office of Education, and appears to have committed the instant crime in contingency under the influence of alcohol. The Defendant agreed to pay KRW 100 million to the victim in advance, and the victim sought the Defendant’s wife.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

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