2015 Highest928 Injury, intimidation, assault

A (81 years, South Korea), Company Board

Yellow-gu (Public Prosecution) and Yellow-gu (Public Trial)

Attorney Noh Jeong-sik (Korean National Assembly Line)

September 24, 2015

A defendant shall be punished by imprisonment with prison labor for up to eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The probation order shall be issued to the accused and community service for 160 hours.

Criminal History Office

From March 2012, the Defendant has taught with the victim B (n, 33 years old) from March 2012.

1. Violence;

On March 2013, 2013, the Defendant: (a) was suspected that the victim met another male, and (b) demanded the victim to be hedging at the victim’s residence; (c) however, the victim complained against the victim; and (d) committed assault against the victim when the victim’s head was sent to several times by the victim’s hand.

2. Injury;

A. On June 14, 2013, at the place indicated in paragraph (1) around June 14, 2013, the Defendant: (a) suspected of causing another male to talk with the victim; (b) caused the victim’s return to the victim with his/her hand, and (c) caused an injury to the victim that requires approximately four weeks of medical treatment.

B. On November 15, 2013: around 06: around 00, the Defendant suffered bodily injury on the part of the victim, following the Defendant’s occurrence of a dispute with another male and female on the ground that the victim dices alcohol at the place specified in paragraph (1) and caused bodily injury to the victim, such as the mouth of the inside and the floor of the victim in need of medical treatment for about six weeks due to his/her appearance of the Defendant’s bridge.

3. Intimidation.

피고인은 2014 . 8 . 26 . 18 : 00경 피해자가 피고인의 전화를 받지 않고 만나지도 않는 다는 이유로 피고인의 이메일 ( * * * * * * * * * * * * * * * * @ naver . com ) 을 통해 피해자의 이메일 ( * * * @ nate . com ) 로 " 두번째 자꾸 내앞에서 내가 사준거 입고 딴놈이랑 놀아나는거 자랑 질하는데 그럼 내앞에서 하던거 뒤로 하든거 혼자하든거 많이 있는데 영상 . . . 사진 . . . 그것 도 니 지금남친한테 보내줄게 . 세 번째 니가 좋아하는 니 오빠한테 전화해서 말해줄게 위 두가지를 그러면 먼가 답주겟지 " 라고 전송하여 피해자를 협박하였다 .

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 257(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act and the choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

Second Crimes

[Scope of Recommendation Form]

General Injury No. 1 (General Injury) A Basic Area (from April to June)

Second Crimes

[Scope of Recommendation Form]

Type 1 (General Intimidation) Basic Area (from February to one year)

Type 3 Crimes

[Scope of Recommendation Form]

Violence Crime Type 1 (General Violence) basic area (from February to October)

* The scope of final sentence due to the aggravation of multiple offenses: April to March 10.

【Determination of Sentence】

Although the nature and circumstances of the crime are not good, such as assault and intimidation, the degree of injury, and non-performance of damage, but are not good, the mistake is recognized and contradictory, the fact that there is no same record of fines and has no record of other than four times of punishment, and there is a family member to support, etc., the sentence shall be determined like the order, taking into account the circumstances shown in the record.

Judges Park Young-young