2016 Highest 4641, Special Violence, Violence

A

Lee Jong-won (Court of Prosecution) and Kim Jong-dae (Court of Justice)

Attorney B (Korean National Assembly)

February 10, 2017

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

Criminal facts

The Defendant as C University E(19), E(19), F(19), G(20), and H(18) as C University E(19 years old), E(19 years old), E(19 years old), E(19 years old), E(20 years old), and H(18 years old) players.

1. Points of special violence and violence;

(a) Special assault around January 27, 2016;

On January 27, 2016, around 20:30, at the guest room of Jcondo I located in Seopopo City I, the defendant Ga, which is a dangerous object in possession, Gazed the victim D, and Gazed the victim by putting the victim's suicide into the space, and assaulting the victim.

(b) Violence around February 22, 2016;

On February 22, 2016, the Defendant committed violence against the victims by launching BB coals to the victims D and E, respectively, in the C University Sports Center located in K of the wife population in Chungcheongnam-si.

(c) Special assault around February 26, 2016;

Around February 26, 2016, the Defendant: (a) directed the victim F of BBan; (b) knee the victim’s words “AC”); (c) knee knee knee knee knee knee knee knee knee knee knee knee knee (60cm in length) with the victim’s head unfasing.

(d) assault around 2016, 2.0

On February 2, 2016, the Defendant, at the sports center of the pertinent C University, was not in good attitude to the victim E. The Defendant assaulted the victim by taking into account the parts of the victim E’s head in physical exercise.

(e) Violence around March 30, 2016;

At around 17:40 on March 30, 2016, the Defendant: (a) taken care of smoking the victim D at the above C University Sports Center; (b) assaulted the victim when she was flicked with her face, when she was flicked with her face, when she was flicked with her face, and when she was flicked with her head.

(f) Violence around March 31, 2016;

On March 31, 2016, the Defendant assaulted the victim with knife on the left side of the victim G without any particular reason at the Joseon University Sports Center located in 309 in the East-gu, Gwangju, Gwangju, and without any particular reason.

2. The point of coercion;

(a) Crimes around February 20, 2016;

At around 17:30 on February 20, 2016, the Defendant: (a) directed the Victim D, E, F, G, and H, taking into account the movement attitude; (b) directed the Victim E, G, G, and H at his hand, the Victim E caused the Victim G on the ground that the Victim was not properly heading; and (c) took the Victim G on one occasion in drinking; and (d) moved the Victim F into the Victim F with his hair and continued heading. Accordingly, the Defendant assaulted the Victim, thereby having the Victim do an unobligatory act.

(b) A crime on April 4, 2016;

On April 4, 2016, the Defendant took the attitude of the victim D, E, F, G, and H sports center at the above C University on the 17:30th day of Apr. 4, 2016, and took the victim’s head gambling. After having the victim go home, the Defendant had the victim go home in a number of times after having the victim G with the sloter, and had the victim go home in a number of parts of the victim D's head and go home in a drinking room.

Accordingly, the defendant assaulted victims and caused them to do an unobligatory act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and H;

1. Each statement made by the police officer on G, D, H, E, and F;

Application of Statutes

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

Articles 261 and 260(1) of the Criminal Act (a point of special assault), Article 260(1) of the Criminal Act (a point of assault), Article 324(1) of the Criminal Act (a point of coercion), Article 324(1) of the Criminal Act (a point of coercion), the choice of imprisonment

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 (Consideration of favorable circumstances, etc. as seen in the following sentencing grounds):

1. Social service order;

Article 62-2 (1) of the Criminal Act

Reasons for sentencing

In light of the fact that the Defendant continued to engage in cruel conduct, such as assault and head gambling, on the ground that the Defendant was a ship, and the nature of the crime is not good. The victims of these acts are unable to rationalize on the ground that it was practice, the victims did not agree with the victims, and the damage was not recovered at all, although the crime was not easy, it is considered that the Defendant did not have any record of criminal punishment before the instant case, and that there was no gravity of the exercise of violence against the victims, the Defendant’s age, character and conduct, motive for the crime, circumstances after the crime, etc. shall be considered as follows: (a) considering all the circumstances indicated in the instant arguments, such as the Defendant’s age, character and behavior, the motive for the crime, and circumstances after the crime, the punishment shall be determined as per the disposition.

Judges Seo-soon