(영문) 서울서부지방법원 2014.7.1.선고 2014고합106 판결

On December 4, 2009, the Defendant was sentenced to three years of imprisonment for a serious injury in the Seoul Western District Court, and the Defendant completed the enforcement of the sentence in the second prison of the North Korean Peninsula on October 15, 2012.

Criminal facts

On May 6, 2014: around 30: around 30, the Defendant (i) sought to steal the fireworks and conjections equivalent to KRW 17,400, such as the market price of the carnation owned by B, and (ii) was arrested as a flagrant offender in the report filed by B and received an investigation by the police. (iii) At around 30, there was a complaint against the Defendant who was arrested as a flagrant offender and was investigated by the police.)

1. Damage to property;

On May 7, 2014: around 10, the Defendant damaged the property equivalent to KRW 300,000,000 at the market price, such as 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

2. Violence;

The Defendant assaulted C with the victim C (the age of 25) who was found to be a customer at the above fireworks on the date, time, and place described in Paragraph 1, on the ground that he was able to restrain the Defendant by 'I am dynasium' and 'I am dynasium'. The Defendant dynasium C with the head of C, was synasium, synasium C with 2-3 synasium, synasium C with the hand floor, and pushed the breast part.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

The Defendant, at the date, time, and place as described in paragraph (1), was fluencing that B reported to the police, and was flucing the immediately right bucks of B, and was flucing the face of B one time by walking the bucks with B’s escape.

As a result, the defendant applied B's unclaimed bucks for treatment days to B for retaliation against the defendant's criminal investigation.

4. Interference with business;

The Defendant: from October to April 19: 10, the date indicated in paragraph (1) was 19: from October to April0, destroyed the flowerss, etc. displayed in the fireworks, and prevented them from entering the fireworks by exercising violence against B and C.

Accordingly, the defendant interfered with B's fireworks operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement concerning B prepared by the prosecutor;

1. Statement of the police preparation C;

1. Investigation report (to be accompanied by a victim C’s statement hearing, transfer of thief case, written opinion, etc.);

[Judgment of the court below]

1. An inquiry report, such as a criminal history;

1. Current status of the reduction and expropriation of individuals;

1. Copy of the judgment;

Application of Statutes

1. Article applicable to criminal facts;

Article 366 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes) / Article 260 (1) of the Criminal Act (a point of violence) / (a point of violence) / Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (a point of violence for purposes of retaliation) Article 314 (1) of the Criminal Act (a point of interference with business)

2. Competition;

Articles 40 and 50 of the Criminal Act [The crime of causing property damage, assault, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the crime of interference with business are mutually concurrent crimes, respectively. As such, separate concurrent crimes do not heavy, and punishment provided for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which

3. Aggravation for repeated crimes;

Article 35 and proviso to Article 42 of the Criminal Act (Inasmuch as a criminal record of a serious injury exists),

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 50 years;

2. Scope of recommendations according to the sentencing criteria; and

(a) Crimes of destroying and damaging property: Not applying the sentencing criteria;

(b) Crimes of assault: Imprisonment with prison labor for one month to eight months, and the mitigation area (one month to eight months) for category 1 (general assault); and

【Special Convicted Persons】

○ Reduction element - Where the degree of violence is minor (type 1, 6, 7)

○ Aggravations - Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury, etc.): Imprisonment with prison labor for 6 months to 1 year from 6 months to 6 months, general injury> category 4 (Aggravated Bodily Injury, etc.) subject to mitigation area ( Imprisonment with labor for 6 months to 1 June).

【Special Convicted Persons】

○ Reduction element - Minor injuries (type 1, 4)

○ Aggravation - Same repeated crimes

(d) Interference with business: Sentencing not applied.

3. Determination of sentence;

A. The defendant is punished by a fine and suspended execution on several occasions due to a violation of the Punishment of Violences, etc. Act;

The Defendant was punished four times or more due to assault, etc., even after being released from prison labor due to a serious injury, on the other hand, even after being released from prison, and again committed violent crimes such as the instant crime during the period of repeated crimes, as indicated in the holding that it is urgent, and the responsibility is extremely heavy. In particular, the Defendant, who reported himself/herself on the suspicion of larceny, was injured for the purpose of retaliation and disturbs the criminal judicial order, and thus, is very poor. Therefore, the Defendant’s strict punishment is inevitable.

B. However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the crime of this case, the extent of the defendant's assault, and the relatively minor extent of the victim B's injury, etc., the defendant's age, character and conduct, environment, family relationship, the circumstances and means of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all of the sentencing conditions specified in the arguments of this case, including the defendant's age

Judges

Judges Sung-ho et al.

Judges Ha Sung-woo

Judges Park Sang-hoon

Note tin

1) The Defendant’s suspicion of theft was sent to Seoul Western District Prosecutors’ Office 2014 type No. 17726, and is under investigation.

2) There is a substantive concurrent relationship between the crimes of causing property damage, assault and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence, etc.).

In preparation for the crime of interference with business in which there is a common competition relationship, it is sufficient to impose the punishment provided for the most severe crime, and it is also possible to impose the punishment separately.

There is no need for aggravation of concurrent crimes (the so-called "joint crimes"), and Supreme Court Decision 2000Do1216 Decided February 9, 2001

see, see, e.)

3) While the sentencing criteria do not provide a separate handling method for the ordinary concurrent crimes, the sentencing period is to determine the sentencing period.

reference to this chapter.

참조조문

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