Defendant

Maximum personality, long-term holding of a trial

Attorney Hong Ho-hun (Korean)

A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant and the victim non-indicted 5 (Vin, 84), the victim non-indicted 1 (the victim's age of 47), the victim non-indicted 4 (the victim's age of 46), the victim non-indicted 7 (the victim's age of 7), and the victim non-indicted 6 (n, the victim's age of 83)

1. Injury;

(a) The crime committed on February 3, 2018;

Around 13:00 on February 3, 2018, the Defendant took a bath for the relationship between the victim and the non-indicted 5, who died in the △△△△ Group located in the ○○○○-Gun, ○○○○○, △△△△△△, and the Defendant took a look at the victim’s family center, who was under the claim, and led the victim to the occurrence of the victim, and followed up the victim’s side interest for about four weeks to receive approximately four weeks of medical treatment.

(b) The crime committed on March 8, 2018;

On March 8, 2018, at around 10:0, the Defendant reported Nonindicted 1, a victim Nonindicted 1, who was not in good reputation before the center for senior citizens, and was salping the victim’s fat, and got salping the victim’s fat, and got the victim to enjoy the victim on the floor, and got approximately two weeks of treatment to the victim.

(c) The crime of April 9, 2018;

At around 14:00 on April 9, 2018, the Defendant reported Nonindicted 4 of the victim Nonindicted 4, who arranged stone with stone in front of △△△△△△ (number omitted), and followed up the victim, carried out the victim’s head saf and saf by cutting the victim’s head saf by hand, carried out the victim’s bridge and saf, and carried out the victim’s saf by hand, and carried out the victim’s saf and carried out the victim’s saf, thereby holding the victim’s saf in an open room for treatment days.

2. Defamation;

On March 7, 2018, from around 16:00 to 17:00 on the same day, the Defendant openly expressed the fact to the victim Nonindicted 1’s husband, Nonindicted 2, and Nonindicted 3, who were the husband of the Defendant, and thereby damaged the victim’s reputation by publicly expressing the fact to the effect that “The Defendant was the victim of Nonindicted 1’s death, who was the husband of the Defendant, and Nonindicted 3, who was the husband of Nonindicted 1, from the back of the house of the former ○○○○-gun, △△△△△△△ ( Address omitted).”

3. Violence;

(a) Crimes committed on February 2, 2018;

On February 2, 2018, the Defendant: (a) 7, a victim Nonindicted 7, who was engaged in the excavation at the senior patrol center, tried to find the Defendant away from his work; and (b) dump bombed the victim and assaulted the victim.

(b) The crime committed on March 8, 2018;

Around March 8, 2018, the Defendant, as described in paragraph 1-B(b) around March 8, 2018, when she was frightened from the victim, who was the husband of Nonindicted Party 4, the victim Nonindicted Party 1, the wife of the victim, and was frightened from the victim. The Defendant frightd the victim’s hair and frightened the victim’s chest.

(c) A crime committed on March 30, 2018.

피고인은 2018. 3. 30. 15:00경부터 같은 날 16:00경 전남 ○○군 △△면 □□마을에 있는 피해자 공소외 6(83세)의 밭에서 밭일을 하고 있던 피해자로부터 “왜 나무를 여기에 버려놨는가.”라는 말을 듣고 “야 이년아 니 새끼가 굴 한다고 그랬지.”라고 말하면서 피해자의 멱살을 잡고, 주먹으로 피해자의 얼굴을 쥐어박아 피해자를 폭행하였다.

(d) The crime committed on April 2, 2018;

On April 2, 2018, at around 10:40, the Defendant used the victim Nonindicted 1 and her bath, who had not been able to conduct a usual appraisal in front of the bus platform in the △△△-gun, ○○○-gun, △△△△△, and committed a dispute with the victim, and assaulted the victim by killing the victim’s breath, and by spreading the sea water used in the bridge, towards the face of the victim.

(e) A crime on April 3, 2018;

피고인은 2018. 4. 3. 08:00경 전남 ○○군 △△면에 있는 □□마을 광장에서 피해자 공소외 6을 보고 다가가 “야 이년아, 왜 이곳에 병을 버려놨냐.”라고 하면서 주먹으로 피해자의 얼굴을 쥐어박아 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness’s statement in each of the legal statements from Nonindicted 5, Nonindicted 1, Nonindicted 4, Nonindicted 7, Nonindicted 6, Nonindicted 9, Nonindicted 11, Nonindicted 8, Nonindicted 13, Nonindicted 14, Nonindicted 3, and Nonindicted 15

1. Statement of each police statement on Nonindicted 6

1. Each medical certificate, photographic photo, clothes taken, photographs taken, each legal submission, recorded, and recorded;

1. Sound CDs;

[Defendant asserted that there was no act as described in the facts charged of this case, but the facts charged in the judgment are sufficiently recognized in light of the legal records of victims and witnesses and their statements in investigation agencies. Defendant's assertion is without merit.]

Application of Statutes

1. Article applicable to criminal facts;

Article 257(1) of the Criminal Act (inflicting of Injury), Article 307(1) (a) and Article 260(1) (a) (a point of violence) of the Criminal Act, the choice of each imprisonment penalty.

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

In light of the fact that the defendant does not seem to have any attitude against him, repeated violence against many victims including the elderly and the elderly, the result of the injury, the fact that some victims did not endeavor to recover damage, and the fact that there are the same kind of power, it is inevitable to sentence the defendant to the punishment.

However, in consideration of various conditions of sentencing, such as career and health of the defendant, including elderly persons, the punishment as ordered shall be determined.

Judges Seo-wing

1) The Defendant asserts that, in the case where Nonindicted 6’s husband Nonindicted 6 was in company with the Defendant, the Defendant prepared and submitted to the court a written agreement in which the victim Nonindicted 12 expressed his wish not to punish him with the consent of the victim Nonindicted 6, and that the prosecution of this part and the part 3-E of the crime of no punishment should be dismissed, respectively. In order to recognize that the victim expressed his wish not to punish him or the previous wish to punish him, it shall be expressed in a way that the victim’s true will is obvious and reliable (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 201); in light of the method and circumstance of preparing and submitting a documentary agreement in which Nonindicted 6 and Nonindicted 12 expressed the above written agreement in a way that Nonindicted 6 expressed his intent not to punish him; thus, the Defendant’s assertion cannot be accepted.