2013Gohap1473 Violation of the Punishment of Violences, etc. Act (a group or deadly weapon of an organization, etc.)

Injury, etc.)

A

Kim Su-man (Public Prosecution), Lee In-ven (Public trial)

Law Firm B

Attorney C

May 2, 2014

The punishment of the accused shall be determined by one year and two months.

Criminal facts

Dmpha, which the defendant joined and joined, is a domestic violence organization that was organized by Fmph and Gmpha of the Seoul Gwanak-gu Seoul Special Metropolitan City Emba, a domestic violence organization that had been engaged in the activities as a main agent, around June 201.

Since before and after 2008, the ability to mobilize the organization's operating fund of DP 2 H has been significantly lacking, while the I, who has outstanding cash mobilization capacity due to the operation of illegal gas stations, etc., was moving to strengthen the organization by putting I into two parts, focusing on the steering staff from G wave such as J, K and L, but the victim M (Nam, 37 years old) who was the cause of the FP, expressed his dissenting opinion.

L, with the mind that the victims would be urged to respond to the occurrence of the victim by using the follow-up steering staff, directed the victim to the organization N,O, P, etc. to the extent that the victim does not reach the half-year period, and the three future steering staff members, such as N,0, P, etc., of 74 years and 78 years and thereafter ordered the defendant, Q, R, S, and 79 years to the extent that the victim could not reach the half-year period, and ordered the victim to the extent that the victim could not reach the half-year period.

On March 21, 2008, at around 00:30, the Defendant, along with Q, R, S, T, U, and V, inflicted an injury on the victim’s head, arms, and legs, such as divers, divers, divers, p pipe, etc., in the vicinity of Dobong-dong 882-5, Seocheon-gu, Seoul, Seoul Special Metropolitan City, by means of N,O, each item, and divers, pipes, etc., which are dangerous articles under the supervision of P, on a several occasions, the Defendant sustained the victim’s head, arms, and divers.

Accordingly, the Defendant, in collaboration with L, N,O, P, Q, R, T, U, and V, inflicted an injury on the victim by neglecting the force of Dpha, which is a crime organization, by carrying a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement by prosecution;

1. A copy of each prosecutor's statement of M, K, and V;

1. Cooperation and consultation;

Application of Statutes

1. Article applicable to criminal facts;

Articles 4(2)2, 3(1), and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act [However, the upper limit of punishment before being aggravated pursuant to Article 4(2)2 of the Punishment of Violences, etc. Act shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

1. Mitigation of self-denunciation;

Articles 52(1) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

Reasons for sentencing

The following are the circumstances that are favorable to the defendant: (a) the defendant voluntarily appeared in the police and made self-denunciation in the investigation process, and all of the crimes of this case were led to the withdrawal of the crime of this case from the criminal organization and the life in good faith; (b) his parents, brothers, sisters, etc. are revealed; (c) the defendant does not want the punishment against the defendant; (d) the defendant does not want the punishment against the defendant; (e) the amount of fine of seven million won due to the crime of this case and other violent crimes; (e) V was sentenced to imprisonment with prison labor for the crime of this case and other violent crimes; and (e) the punishment should be adjusted so that the principle of equity with the accomplice is not undermined.

However, given that the Defendant’s act as a member of a criminal organization and led to the instant crime by complying with the instructions of the vessel steering staff, and in light of the franchisity, etc., there are many cases disadvantageous to the Defendant, such as: (a) the victim was suffering from physical disability after treating the body that the Defendant, etc. was left at a price-by-price for each type; and (b) the Defendant’s first time in collusion with his accomplice at the time of the investigation into the instant case in around 2008, the case was reduced or concealed by making statements to the effect that he/she was committed solely by himself/herself in collusion with the victim at the time of the first investigation into the instant case.

Meanwhile, in the case of S, a summary indictment was made based on the investigation results up until the time, and the degree of punishment was not sufficient to be the criteria for equitable judgment in relation to the case, and in the case of S, the degree of punishment was not sufficient to serve as the basis for equitable judgment. In the case of V, other violent crimes, narcotics crimes, etc. were charged together and sentenced to one year and six months of imprisonment. However, since the defendant was indicted for committing assault as a member of the violent organization, the scope of statutory punishment and applicable sentences should vary accordingly. Thus, there is a difference in the scope of punishment and applicable sentences. Accordingly, it is not appropriate to compare the indirect equity just with V cases (i.e., voluntary mitigation and discretionary mitigation, considering the equity with V), other matters, including the age, character and conduct of the defendant, environment, background leading to the instant crime, circumstances leading to the instant crime, etc., and circumstances after the crime, the punishment shall be determined in full taking into account all the circumstances related to the concrete validity and equity in the sentencing as indicated in the pleadings of this case.

The transfer of judge and judge

Judges Kim Dong-dong

Judges Guide-in