2015 Height3149, Intimidation, Violation of the Punishment of Violences, etc. Act

(Bodily Injury by Group, Deadly Weapons, etc.)

A person shall be appointed.

Domin Seniors ( Prosecutions) and Park Gyeong-Gyeong (Public Trial)

Law Firm

Attorney in charge

September 18, 2015

A defendant shall be punished by imprisonment for two years.

Facts of crime

1. interference with operations;

A. At around 00:0 on July 22, 2015, the Defendant: (a) called “A” at the Chinese marina shop operated by the Victim B in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (b) called “A” at the place to be the head of the office before leeping; and (c) sent a summary-to-be photograph to the hospital to the effect that the Defendant was treated at the hospital; (d) but thereafter, the Defendant could find C’s place of business to the effect that he was unable to receive the call, and then leave C’s place of business to enter the said place of business. The Defendant need to go through the Napathy. The body of the Defendant open to the hospital; (e) was released from the phone; and (e) was released from the phone to the hospital; and (e) was released from the phone to the hospital; and (e) the patient’s b) was forced to be able to engage in any other business by force.

B. At around 11:10 on July 27, 2015, at the same place as paragraph (a) of Article 1-1: (a) the Defendant: (a) sent to C a bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of x of bit of bit of bit of bit of 10:30,000 at the same place as paragraph (a) of Article 1-10; (b) the Defendant: (c) the Defendant was able to do so, and (d) the Defendant obstructed the victim’s business operation by putting the bit of bit of bit of bit of bit of bit of bit of shing.

2. Intimidation;

가. 피고인은 2015. 7. 27. 10 : 17경 서울 마포구 신수로에 있는 주거지에서, 피해자 C에게 전화하여 " 여보세요. 나 오빤데, 지금 경찰서 가는 중이야. 개새끼 사장 전화하라 그래. 안 하면 너까지 다 다칠 줄 알아. 씨발년들, 알았지. 나 무지 화났어. 어제도 그렇게 전화하고 문자 넣어도 씨발년아 연락도 안 해. 빨리 전화해. 나한테 안 하면 알아서 해. 바로 보내버려 " 라는 음성메시지를 녹음하여 이를 피해자가 듣게 함으로써 피해자를 협박하였다 .

B. The Defendant was arrested by the victim C on the ground of the crime described in paragraphs 1-b and 3 below, with the mind that some of the victim’s statements are different from the facts, and sentenced the victim to change the contents of the statement. around 00:49 on August 7, 2015, the Defendant called the victim C at the address located in Mapo-gu Seoul Metropolitan Government, and expressed the victim C about the reason for the arrest of flagrant offenders at present. At any time, the Defendant left the victim’s shoulder with the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door. The Defendant made this statement to the victim’s door door door door door door door door door door door door door door door door door door door door door door door door, and then, the victim’s door door door door door door door door door door door door door door door door door door door.

2) On August 7, 2015: (a) around 05:04: around 04, the Defendant called the victim C in front of the Chinese Marina as indicated in paragraph (1)-A, and called the victim C, and then became unable to be a guest from the entrance of the office at the end of Neow. From now on, the Defendant was able to become a member of the customer. On the other hand, the Defendant was able to become a member of the customer’s body when he was under a condition that he would be injured. Until now, the Defendant was able to be a member of the customer’s body.

A. The truth should be known at any time and time. The door is waiting at the entrance. I would like to see that, from now to now, I would like to see that the customer who is enrolled at the entrance to be unsatisfyed will be subject to a mathy. I would like to see that I would be aware of the fact. I would like to say that I would like to see the police station that it was wrong that I would have made a false mathy, and that I would like to see the end before the door. I would like to say, I would like to say that I would not have absolutely given up until her frying. I would like to say, "I would like to record the voice message of "I would like to hear it," and I would like to get the victim to listen to it at any time. I would like to say, "I would like to interfere with the business if I would like to go against the requirements of the victim, and to threaten the victim by doing any harm on the body of the victim.

3. Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.).

The Defendant 1-b. At the same time, at the same place and place as the above, carried a brick with him, laid the gate, which is a dangerous object, laid off about five times the face of the victim with his head, pushed the victim C about five times, pushed the victim into the wall, and doing so with one hand, leading the victim into a knife of the part of the head, which requires approximately two weeks of treatment.

Summary of Evidence

Omission

Application of Statutes

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

Article 314(1) of the Criminal Act (Interference with Business, Selection of Imprisonment, Selection of Imprisonment), Article 283(1) of the Criminal Act (Intimidation, Selection of Imprisonment, Selection of Imprisonment), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (a) of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of taxes)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

Reasons for sentencing

1. Scope of recommendations according to the sentencing criteria;

(a) A primary crime (Interference with business);

[Scope of Recommendation Form 1 (Interference with Business)

[Person under Special Leave]

In the event that the Criminal Code is very poor, the motive to criticize it;

(b) Second crimes of violence)

[Extent of Recommendation] Habitual Injury, Special Injury for Cumulative Bodi Bodily Injury> Type 1 (Aggravated Injury, Special Injury for Habitual Bodi Bodily Injury)

[Special Mitigation (Aggravation)] In the event of minor injury, non-performance of punishment (including serious efforts to recover damage), or recovery of considerable damage, motive for the crime to be criticized

(c) 3. Crimes of violence)

[Extent of Recommendation] Category 1 (General Intimidation) (4 months to 1 year and 6 months)

[Special Person in Charge] The motive for the commission of a crime (other than Category 5)

(d) The scope of final sentence due to the aggravation of multiple offenses: one year and six months to seven years; and

2. The Defendant’s act should be subject to further criticism in that the Defendant’s act committed the above crime in a manner that does not fit the general public, in a manner that does not fit for the general public.

In addition, on April 11, 2013, the Defendant had been sentenced to a suspended sentence of one year due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and carried with the victim the gate, which is a dangerous object despite the fact that he had been sentenced to a suspended sentence of six months, and inflicted bodily injury on the victim. In addition, the crime is very poor in that the Defendant was committed several intimidations with the aim of reconcing the Defendant’s report to the police and the Defendant’s unfavorable statement against the Defendant. Therefore, the sentence of imprisonment is inevitable for the Defendant.

However, the defendant is making a confession of all of the crimes in this case, the victim C expressed his/her intention not to be punished for the crime in violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapons, etc.) against the defendant, and other factors such as the defendant's age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc. are considered in the records and arguments of the case, and the punishment shall be determined as ordered within the scope of recommendation.

Judges prudent