2016 Highest 2547 Violence, Special Intimidation

2016 Highest 2693 (Consolidation)

A person shall be appointed.

OO (prosecutions) andOO (Public trial)

Attorney ○○○ (Non Line)

August 24, 2016

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

Seized knife shall be confiscated.

Facts of crime

【2016 Highest 2547】

The defendant is a person who is living together with the victim B (n, 46 years of age).

On June 12, 2016: around 10, the Defendant found on the “○○○○○○○○○○○○○○○○○○○○, Nowon-gu, Seoul, recommended the victim to drink bread, but refused to do so, and the Defendant used the victim’s clothes, leading the victim to the instant teahouse, leading the victim to the instant teahouse, leading the victim to the right shoulder of the victim’s right shoulder.

【2016 Highest 2693】

On June 22, 2016: around 00, the Defendant: Around 23, 2016: Around 00, “○○ tea house operated by the victim B in Seoul Special Metropolitan City, Nowon-gu, for drinking, requested the former victim to talk again, and the victim was living in his/her house because he/she did not comply with the request; however, the Defendant visited the said house by hiding the kitchen gate in his/her house on the rear side; and the Defendant was able to drink and correct the Defendant while the victim was in his/her attempt to do so, but the victim did not comply with the request, but the Defendant did not take the above dangerous things (24 cm, knife, 12 mnife, knife, knife, knife, knife, knife). However, the Defendant died in his/her house.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

【2016 Highest 2547】

1. The police statement concerning B;

【2016 Highest 2693】

1. The police statement concerning B;

1. Statement B in the second police interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

Application of Statutes

1. Article applicable to criminal facts;

Article 260(1) of the Criminal Act (Assault of Violence), Articles 284 and 283(1) of the Criminal Act (a) of the Criminal Act, the choice of imprisonment for each sentence of imprisonment.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

1. The scope of applicable sentences by law: Imprisonment with prison labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

Second Crimes

[Scope of Recommendation] Type 4 (Habitual, Cumulative Offense, Special Intimidation) basic area (from 6 months to 1 year and 6 months) (no special person)

Second Crimes

[Extent of Recommendation] Class 1 (General Violence) > The basic area of the Act on the Protection, Protection, and Protection, and Protection, etc. of Victims

【No Special Convicted Person】

○ The scope of final sentence due to the aggravation of multiple offenses: from June to November 1.

3. Determination of sentence: (a) on June 12, 2016, the crime of special intimidation was committed on the 22th of the same month without being examined by an investigative agency by force against the victim on the part of the victim; (b) on February 3, 2008, the same victim was punished by inflicting bodily injury on the victim; and (c) on June 14, 2008, the history of punishment for violent crimes, such as by threatening a female living together with his/her force on the part of threatening him/her to several times, shall be determined as per the order, in consideration of the Defendant’s age, character and conduct, and environment, etc.

Judges Kim Jong-ok