207No2061 A. Violation of the Punishment of Violences, etc. Act (a group or deadly weapon)

Bodily Injury)

(b) Violation of the Punishment of Violences, etc. Act (a group or a deadly weapon;

Violence)

(c) Violation of the Punishment of Violences, etc. Act (joint injury);

(d) Violation of the Punishment of Violences, etc. Act (joint assault);

(e) Violation of the Punishment of Violences, etc. Act (joint confinement);

(f) Interference with business;

The President of the Kim So-young and the Korean Organizing Group

Housing Jongno-gu Seoul Metropolitan Government 0 - 00

Permanent domicile Yanan City, Masan-Eup 00

Defendant

Dr. Wilk

Attorney Kim Young-tae, Conditional

Seoul Central District Court Decision 2007Ma2779 Decided July 2, 2007

September 1, 2007

The part of the judgment of the court below against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The fifty-two days of detention before the pronouncement of the judgment below shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant is ordered to provide community service for 200 hours as welfare facilities, group service activities, public support service activities.

The gist of the grounds for appeal by the defendant is that the punishment of 1 year and 6 months sentenced by the court below is too unreasonable considering the circumstances leading to the crime of this case.

In this process, the defendant, his own son Kim 00, a male son, was assaulted by his employees from his entertainment drinking house and was injured by him. In light of the physical and mental suffering that the victims suffered from the crime of this case, and the criminal punishment corresponding to the defendant should be imposed on the defendant when considering the defendant, the chairperson of the re-group, who has a great influence on our society, as well as the criminal law required by the victim, who was the chairperson of the re-group with the physical and mental suffering and the criminal intent of the re-grouping group with the influence on our society, etc., as decided by the court below.

Meanwhile, the Defendant reported that her son was subject to collective assault from her son’s employees, and his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s son’s son’s son’s son.

In this context, considering all the circumstances that are the conditions for sentencing as shown in the records of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the defendant's health condition, the sentence imposed by the court below is too unreasonable.

3. Conclusion

Thus, since the defendant's appeal is well-grounded, the part of the judgment of the court below against the defendant is reversed, and it is decided again as follows after the pleading.

Criminal facts and summary of evidence

The summary of the facts charged and the evidence admitted by this court is the same as that of the judgment of the court below, and this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of each dangerous carrying injury to the victim’s assistance0 and assistance0), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of each dangerous carrying violence against the victim’s injury, 00, 00, 00, 00, 00, 260, 2(2) and (1)1 of the Criminal Act, Article 260(1) of the Punishment of Violences, etc. Act (the point of each dangerous carrying violence against the victim’s assistance and assistance0), Article 3(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1)1 of the Punishment of Violences, etc. Act, Article 260(2) and (1)0) of the Criminal Act, Article 260(1) of the Criminal Act (the Criminal Act, Article 257(1)0(0)

1. Aggravation of 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 (see, e.g., Supreme Court Decisions 201Do1168, Apr. 1,

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Conditional suspension of community service work;

Articles 62(1) and 62-2 of the Criminal Act [The execution of punishment shall be suspended on the condition that the defendant shall perform a community service as a welfare facility, group volunteer service, and public support volunteer service for 200 hours, in order to contribute to society while committing the instant crime through his/her blood and marriage as a member of a social community, even though the defendant has contributed to society due to his/her financial power so far, he/she has contributed to society as a result of his/her financial power.]

Judges Kim Yong-hwan

Judges Yang Jin-soo

Judge Long-term Salary for Judge