Defendants shall be punished by imprisonment for two years.

Criminal facts

[criminal history] Defendant A was sentenced to eight months of imprisonment for fraud at the District Court on October 20, 2015, and the execution of the sentence was completed at the District Court’s prison on April 22, 2015.

Defendant

V was sentenced to one year of imprisonment for fraud, etc. at the Jung-gu District Court on May 8, 2015, and the execution of the sentence was terminated in the Jung-gu District Court on November 2, 2015. On October 14, 2016, the Seoul Western District Court sentenced one year of imprisonment for night-time intrusion building theft, etc., and became final and conclusive on October 17, 2016.

[ 범죄사실] 피고인 A은 사기죄 등으로 구속되어 서울 구로구 금오로 865에 있는 서울 남부 구치소에 수용된 상태로 생활하고 있었고, 피고인 V 역시 위에서 본 야간 주거 침입 절도죄 등 사건으로 구속되어 서울 남부 구치소에 수용된 채 피고인 A과 같은 방에서 생활하여 왔는데, 피고인들은 같은 방의 수용자인 피해자 X(46 세) 이 평소 행동이 굼뜨고 느리다는 이유로 피해자를 괴롭혀 오고 있었다.

At around 17:30 on October 6, 2016, the Defendants: (a) around 17:17:30 on the above detention house; (b) on the ground that there was the victim’s behavior, Defendant A set off side interest of the victim due to its appearance; and (c) Defendant V set off the victim’s shoulder by putting the victim’s body (125 Kg) into the victim’s body so that the victim’s chests adjoins the floor to the extent that the victim’s chests adjoins the floor; and (d) around 18:00 on the same day, Defendant A got off the back of the victim’s body due to the aforesaid violence by the victim and failed to properly sit on the floor.

On October 8, 2016, the Defendants continued to do so at the same place as above, and on the grounds that the victimized person was expected to sit on the wall to the victim with a view to not bringing the victim to a correctional officer, and that the victimized person was able to cause the victim to suffer from pain.