2016 Highest 1969 Special Intimidation, Special Property Destruction and Damage

A person shall be appointed.

OO (prosecutions) andOO (Public trial)

Attorneys OOO (KO)

November 15, 2016

A defendant shall be punished by imprisonment for not less than 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.

Probation, community service for 80 hours, and violence therapy for 40 hours shall be ordered to order the accused to take such courses.

Punishment of the crime

On May 11, 2016: around 40: Around 40, the Defendant was driving the Seoul ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and the Defendant was able to see the Defendant.

Accordingly, the Defendant: (a) overtaken the above bus in the direction above; (b) driven the above road in front of the above bus in the direction above the above road; and (c) was in front of the above bus ○○○○○○, Dongdaemun-gu, Seoul; and (d) was driving again, and then re-driving the bus, thereby threatening the victim B, threatening the victim by driving the bus again; and (c) damaged the above bus, which is owned by the victim (main passenger), by taking the fronter of the above bus, by taking the fronter of the above bus, and causing damage to the repair cost of KRW 723,560.

Accordingly, the defendant carried a dangerous object with the victim B by threatening the victim B, and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A written statement on the occurrence of traffic accidents B;

1. B written statements;

1. Written estimate;

1. A report on traffic accidents and a report on actual condition;

1. A report on investigation (No. 15 No. 5 of the evidence list);

Application of Statutes

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

Articles 284, 283(1)(a) of the Criminal Act, 369(1), 366(a), and 366(a) of the Criminal Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for a period of one month to ten years;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of special intimidation;

[Scope of Recommendation] Class 4 (Habitual, Cumulative Offense, Special Intimidation) ( Imprisonment 4 months to 1 year) (Special Intimidation) Punishment Committee (Special Mitigation Committee)

(b) Crimes of destroying or damaging special objects;

[Scope of Recommendation] Form 1 (Habitual, Cumulative, Cumulative, Special Damage, etc.) Habitual, Habitual, and Special Damage and Damage

【Special Mitigation Party】 Ad hoc Inspector

(c) Final sentence scope due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to five months; and

3. Determination of sentence;

The punishment as ordered shall be determined by taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the age, family relationship, and tendency of the defendant:

The favorable circumstances of ○: The fact that the defendant is divided into and reflected in his own crime, and that a written agreement in which the victim's intention not to punish has been submitted after the prosecution has been instituted, etc.

○○ Unfavorable Circumstances: The Defendant, on the sole basis of the victim’s brushing, carried out the so-called “diversing operation” in front of the bus in front of the victim’s operation on two occasions; the crime was significantly poor in light of the background of the crime and the method of the crime; the victim operated a bus which is a means of public transportation aboard many passengers; the above crime committed by the Defendant was in danger of causing bodily injury to a large number of passengers; the Defendant was sentenced to the suspension of the execution of four months of imprisonment with prison labor for a crime of violating the Punishment of Violence, etc. Act (joint injury) at the Seoul Northern District Court on June 4, 2009; on October 21, 2013, the Defendant was sentenced to a suspension of the execution of four months of imprisonment with prison labor for a crime of obstruction of performance of official duties, etc.; and the record of criminal punishment for a crime related to violence was 17 times or more.

Judges Kim Jong-ran