2016 Highest 1266 Violence, Confinement, Bodily Injury

A person shall be appointed.

Kim (Institution of Prosecution) and Full-Time (Court Trial)

Attorney B

April 20, 2017

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

Criminal facts

1. Violence;

On May 18, 2016: around 00, the Defendant assaulted the victim E (here, 28 years of age) who had a female-born room in the D hotel c in Won-si, nuclear power plant, and assaulted the victim E (here, 28 years of age) on three occasions with the defective hand that the victim would face, with the defect that he/she would go, and she would have the victim go beyond the room by cutting his/her shoulder with his/her hand.

2. Illegal confinement;

The Defendant, at the same time and place, detained the victim at the above time and place so that the victim could not go out of the room for about six hours from around 05:00 to around 00, in such a way that the victim was off and did not return all clothes that the victim suffered from the defect that she would go.

3. Injury;

On August 15, 2016: (a) around 00, the Defendant: (b) laid down the shoulder of the victim living together in the original city FF building, and in the Defendant’s residence, who was living together in the Defendant’s residence; (c) laid down the shouldered by the victim’s hand; (d) took the victim’s hand into custody; (c) the victim bucked the victim’s both her body on several occasions; (d) had the victim go beyond the fasted floor by hand; and (e) the victim sustained the injury in need of medical treatment for about 18 days by plucking, plucking, and plucking out of the house.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police suspect interrogation protocol regarding E;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Photographs of each damaged part of the ship, Kakaoo Stockholm photograph;

Application of Statutes

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

Article 260(1) of the Criminal Act, Article 267(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, choice of imprisonment for each crime

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

Article 1 (Assault)

[Scope of Recommendation Form]

General Injury Type 1 (General Injury) Basic Area (from April to June 1)

【No Special Convicted Person】

2. (Arrest, Confinement, Abandonment Abuse)

[Scope of Recommendation] General Criteria for Arrest and Confinement (General Arrest, Confinement) No. 1 area (6 months to one year) (no person who is a special person)

Article 3 (Assault)

[Extent of Recommendation] Class 1 (General Violence) : Basic area (2 months to October)

【No Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 10 March 10.

【Determination of Sentence】

Each of the crimes of this case constitutes so-called "balpt violence", and recently, there is a need to punish it strictly because the violence has been continuously and continuously increasing and becomes a social issue.

The Defendant committed a crime with poor quality of the crime, such as assaulting the victim living together or inflicting bodily injury on him/her over two occasions, and neglecting his/her clothes from his/her hotel room to prevent him/her from leaving the hotel. In this process, the physical and mental suffering of the victim was reasonable. While the Defendant appears to have attempted to reach an agreement on several occasions, the victim did not use his/her clothes.

In light of these circumstances, even though the defendant's mistake is recognized, there is no history of criminal punishment except once a fine, and even if the situation of depositing KRW 5 million for the victim is recognized, a sentence shall be imposed and punished strictly.

In light of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that are the conditions for the sentencing as

Judges Cho Jong-soo