2013 Highest 1522, 2013 Highest 2421(combined)

Violation of the Punishment of Violences, etc. Act (Habitual Injury) and the Punishment of Violences, etc. Act.

Violation of rate (Habitual Violence) and Violation of the Punishment of Violences, etc. Act (collectively Intimidation, Deadly Weapons, etc.);

Macion [Name of Recognized Crime: Violation of the Punishment of Violences, etc. Act (Habitual Bribery), Gong30

Obstruction of Execution, Bodily Injury (recognized Crime: Violation of the Punishment of Violences, etc. Act

(Habitual Injury)

A

Cho Jong-hee, Park Jong-il, Park Jong-il, Park Jong-chul, Park Jong-chul, Park Jong-chul, Park Jong-young, Park Jong-young (Public trial)

Attorney B (Korean National Assembly)

oly 10, 2013

Defendant shall be punished by imprisonment for not less than two years and six months.

One knife (No. 1) shall be confiscated for portable multiple-uses seized.

Criminal history;

On August 26, 2005, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Punishment of Violences, etc. Act (a fine of KRW 500,000 for night or joint damage) (a fine of KRW 1.5 million for a crime of injury on March 2009), which was sentenced to imprisonment on May 15, 2009 (a fine of KRW 1.6 months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and a suspended sentence of KRW 50,00 for a crime of causing property damage) and was sentenced to a summary order on January 2, 2012.

Criminal History [2013 Highest 1522]

1. Violation of the Punishment of Violences, etc. Act;

A. On April 27, 2013, around 23:20 on April 27, 2013, the Defendant: “D” restaurant located in Gangseo-gu Seoul Metropolitan Government, “D” restaurant, “A victim E (17 years of age),” “I am the victim E” (22 years of age) and “I am the victim E,” and am the victim E’s blick, blicked the victim E’s blick, micked once, and assaulted the victim F’s blick at one time.

C. Around 23:00 on April 28, 2013, the Defendant: (a) discovered the victim H (the age of 19) and was found, the Defendant committed assault on the part of the victim at one time at the victim’s head with the debt that the victim did not answer; (b) on the premise that the minors were in cremation, the Defendant considered that “I am, string, why I am, why I am, why I am am, why I am, why I am am, what I am,?? Is I am? I am? I am? I am? I am? I am am.”

C. On May 5, 2013, around 13:45, the Defendant: (a) expressed that the victim J (the age of 44) was her seated before the Guro-gu Seoul Metropolitan Government I Apartment Complex Management Office, and expressed the victim’s J (the age of 44) who was going behind, and assaulted the victim’s face at one time in drinking. Accordingly, the Defendant habitually assaulted the victims.

2. Violation of the Punishment of Violences, etc. Act;

Around 04:45 on May 5, 2013, the Defendant discovered the Victim L(S, 45 years of age) in front of the ‘convalescent hospital’ located in K in Gangseo-gu Seoul Metropolitan Government, and without any justifiable reason, she saw the Victim’s neck, saw the Victim’s face part of the Victim’s face by drinking and launchinging the Victim into the ground, and embling the Victim’s her drinking and launchings, she saw the Victim into an internal inception room in need of treatment for about 10 days. Accordingly, the Defendant habitually injured the Victim.

3. Violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.);

At around 13:30 on May 5, 2013, the defendant discovered "Npark in Gangseo-gu Seoul Metropolitan Government M," the victim (the 16-year old), the victim P (the 17-year old), and the victim (the 17-year old) and then threatened the victim with "whether or not there is a male-friendly relationship, or not there is a male-friendly relationship." The victim P and the victim Q do not speak, and the victim Q does not do so, the victim P and Q expressed that they did not speak, and the multiple-use knife, which is a dangerous object in possession, and threatened the victims."

4. Violation of the Punishment of Violences, etc. Act.

피고인은 2013. 5. 10. 07:40경 서울 강서구 R건물 앞 버스정류장에서 버스를 기다리고 있던 피해자 S(16세)에게 다가가 주먹으로 피해자의 머리를 1회 때리며 "학생증을 보여달라"라고 말하고, 주변 학생들이 이를 지켜보자 "뭘 봐 이년들아, 학교에 나가"라고 말하였다. 이에 피해자가 지갑을 꺼내 학생증을 보여주려고 하자 피고인은 지갑을 가져가 "지갑 예쁘다, 얼마냐, 나한테 팔아라, 계좌번호 불러달라"라고 말하여 겁을 먹은 피해자로부터 "돈은 됐으니 그냥 가지세요"라는 말을 들었다.

The Defendant habitually aided the victim, and received one lock at a market price of at least 10,000 won from the victim who frightened the victim.

5. Violation of the Punishment of Violences, etc. Act and obstruction of the performance of official duties.

On May 13, 2013, at around 07:10, the Defendant discovered a light-line V belonging to the Seoul Gangseo-gu Seoul Metropolitan Police Station security patrol unit, which was in motion to perform traffic control service on the front side of the ‘U restaurant' located in Gangseo-gu Seoul Metropolitan Government, and left the above V to the seat of himself, followed by cash of KRW 3,00,000, and changed the drinking water and the horse, but at the same time, he interfered with the legitimate execution of duties concerning traffic control by assaulting the victim V (20 years of age) for drinking water and the open side of oral lectures, which require approximately one week medical treatment.

6. Violation of the Punishment of Violences, etc. Act (Habitual Injury)

At around 2013, 714, 19:30 on 2013, 714, when the victim W (35 years of age) was fluored with a positive appearance, and he was fluored with a view to furthering the completion of the disciplinary confinement, the Defendant: (a) opened a middle-time ward in the direction of 4 to 3 rooms; and (b) opened a door in the direction of 3 rooms in order for the victim W to arrange the completion of the disciplinary confinement; (c) opened a door in the direction of 4 rooms in Seoul Southern-gu, Seoul, Guro-gu; and (d) flue with the left face of the victim in the right blue of the victim three times and one time in the right fluor; and (d) damaged the victim by 0.5cm on the right side and the right side side of the treatment days, respectively.

Accordingly, the defendant habitually injured the victim.

Summary of the evidence;

1. The defendant's legal statement (as to paragraph (5) of the facts of crime)

1. The legal statement of the witness H, J, L,O, S;

1. Statement made by the police for E, P, Q, V, and W;

1. A report on investigation (related to CCTV investigations around the place of occurrence);

1. Seizure records;

1. Previous records: A inquiry report on criminal records, etc. and investigation reports (report on attachment of judgment of a criminal suspect A); 1. Habituality: Determination on the assertion of a person involved in the litigation; 1) in light of the records of the crime, the method of the crime, and the frequency of the crimes;

The defendant and his defense counsel asserts that the defendant's act of crime No. 3 was intended to admonish the victims who were juveniles. In light of the following, the relationship between the defendant and the victims, and the contents and behavior of the statement made by the defendant to the victims at the time, it cannot be deemed that the defendant's above act constitutes a justifiable act under Article 20 of the Criminal Act.

Application of Statutes

1. Article applicable to criminal facts;

Article 2(1)1 and 3 of the Punishment of Violences, etc. Act, Articles 260(1), 257(1), and 350 of the Criminal Act (a comprehensive charge of habitual violence, habitual injury, and habitual violence), Articles 3(1), 2(1)1, and 283(1) (a) of the Punishment of Violences, etc. Act, Articles 3(1), 2(1)1, and 283(1) (a) of the Punishment of Violences, etc. Act, Article 136(1) of the Criminal Act (a)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Punishment of Violences, etc. Act (Habitual Intimidation) and the crime of obstruction of performance of official duties, and the crime of violation of the Punishment of Violences, etc. Act (the crimes between groups, deadly weapons, etc., and the crimes of violation of the Punishment of Violences, etc. Act (Habitual Intimidation) with the heavier punishment, and the punishment prescribed for violation of the Punishment of Violences, etc. (the punishment for violation of the Punishment of Violences, Deadly Weapons, etc.) against 0

1. Aggravation for concurrent crimes;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant was punished for violent crimes several times by imprisonment with prison labor on May 15, 2009, by violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), by being sentenced to the suspension of execution of one year and six months, and by being sentenced to the suspension of execution of two years, etc., the defendant has a stimulative disorder, etc., the defendant was deposited with 50,000 won for the victim V, and the victim W does not want the punishment of the defendant. The details, means, methods, results, etc. of the crime of this case shall be determined as

It is so decided as per Disposition for the above reasons.

Judges Song Dong-jin

1) Habitualness referred to in Article 2(1) of the Punishment of Violences, etc. Act means each of the crimes provided for in the Criminal Act.

Since the crime of injury is not limited to habitual nature, and it is interpreted that the crime of injury is also included in the habition that an act of violence covering each single criminal act;

Habituality of the crime of violence, including assault and violence, can be recognized based on the fact that the crime of violence, etc. was committed (Supreme Court Decision 90Do653 Decided April 24, 199).

See Supreme Court Decision, etc.)