2017 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes),

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence Violence, etc.), special injury, injury

Property damage, residential intrusion

A

Red chrons (prosecutions) and stuffs (public trial)

Attorney B (Korean National Assembly)

January 18, 2018:

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

Criminal facts

On October 2017, the Defendant came to know that the Victim C (V, 55 years of age) who had livedd with the Defendant for two months, went to the Defendant’s friendly victim D (50 years of age) and her death. On October 20, 2017, the Defendant demanded the Victim C to drink with the Defendant and return to the Defendant’s house without the victim C’s response, but the Defendant came to know that the Defendant went to death without the victim C’s response, I think that it was between the Victim D’s house, and found the victims at D’ house to be mixed with the victim D.

1. Destruction and damage of property, intrusion upon residence, or injury on October 20, 2017;

(a) Damage to property and intrusion upon residence;

On October 20, 2017, around 23:20, the Defendant came to know that the victims were in the house of the victim D in Jongno-gu Seoul Jongno-gu E 302, and came to know of the fact that the victims were in the house, then he was able to walking the entrance by cutting off the door so that the repair cost is damaged, and entered the house without the victim D’s permission, thereby infringing on the victim D’s residence.

(b) Injury;

When the victims look at the date, time, time, and place mentioned in the above paragraph (a), the victims considered the victim's face in the room, the victim's face was taken by drinking, and the victim's face was taken by drinking at several times, and the victim's face in the above paragraph continued to take back and walked again, the victim's face in the above paragraph was unexplodedd by the number of days of treatment.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Aggravated Punishment, etc. of Specific Crimes Act, and special injury;

피고인은 2017. 10. 21. 06:00경 위 1의 가항 기재 장소에서, 피해자들이 위와 같이 피고인으로부터 폭행을 당한 사실을 경찰에 신고하여 조사받게 된 것에 앙심을 품고 보복할 목적으로, 그곳 건물 1층 노상에 있던 위험한 물건인 빈 소주병 2개를 양손에 들고 피해자 D의 방으로 찾아가 "야! 이 새끼야, 네가 경찰에 신고했냐, 더러운 인간들"이라고 말하면서 오른손에 들고 있던 소주병 1개로 피해자 D의 좌측 머리를 1회 내리친 후 깨진 소주병으로 피해자 D의 왼쪽 손등을 1회 내리쳐 피해자 D에게 치료일수 미상의 안면부 열상 등을 가하고, 계속하여 그 옆에 있던 피해자 C의 다리를 발로 1회 걷어찼다.

As a result, the Defendant carried dangerous objects with the victim D and assaulted the victim C for the purpose of retaliation against the provision of investigation teams or statements in connection with his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. A copy of a certificate of medical records (D), or a certificate of medical records (C);

1. - photographs of the parts of the victim's DNA injury, and of the damaged entrance, - photographs of the parts of the victim's C, on-site photographs;

Application of Statutes

1. Article applicable to criminal facts;

Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Aggravated Punishment of Specific Crimes"), Article 257(1) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act, Article 258-2(1) of the Criminal Act, Article 5-9(2) and (1) of the Aggravated Punishment, etc. of Specific Crimes Act, Article 260(1) of the Criminal Act (a) of the Aggravated Punishment of Specific Crimes Act, Article 258-9(2) of the Aggravated Punishment of Specific Crimes

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Violation of the Specific Crimes Aggravated Punishment Act, etc. and between the crimes of special injury, and punishment prescribed for a violation of the Specific Crimes Aggravated Punishment Act with heavy punishment]

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of the Specific Crimes Aggravated Punishment Act, which has the largest penalty and the nature of the crime]

1. Reasons for sentencing: Imprisonment with prison labor for a period from one year to 45 years;

2. The crime of violation of the Specific Crimes Aggravated Punishment Act and the crime of special injury are in a mutually concurrent relationship with each other, while the sentencing guidelines do not provide a separate treatment method for the crime of ordinary concurrent crimes, it is necessary to refer the sentencing guidelines to the crimes of ordinary concurrent crimes, and in addition to the above crimes, the sentencing guidelines for each crime of violation of the Specific Crimes Aggravated Punishment Act, to which the sentencing guidelines apply, are recognized, are examined.

(a) A violation of the Specific Crimes Aggravated Punishment Act;

[Determination of Type 4] General Injury to Violence

[Special Aggravation] Aggravated Punishment: Where a person commits a crime by the threat of collective force or by carrying a deadly weapon or other dangerous articles, or commits a crime by carrying it.

Measures to mitigate: where punishment is not granted (including a serious effort for recovery of damage), or where considerable damage has been recovered;

[Scope of Recommendation] Basic Field, One year to two years of imprisonment

(b) A violation of the Specific Crimes Aggravated Punishment Act;

[Determination of Punishment] Violence Act No. 7 (Assault for Purpose of Retaliatory)

[Special Sentencings] Reductions: Punishments (including serious efforts to recover damage) or where considerable damage has been restored.

[Scope of Recommendation] Reduction Area, 4 months to 1 year and 4 months. Special Bodily Injury Crime: the sentencing criteria is not set.

(d) Each injury;

[Determination of Type] General Injury to Violence (General Injury)

[Special Sentencings] Reductions: Punishments (including serious efforts to recover damage) or where considerable damage has been restored.

[Scope of Recommendation] Reduction Area, 2-1 year of imprisonment

(e) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year (limited to the lower limit of the standard for sentencing on the grounds that the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act exists between the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set);

3. Determination of sentence: Determination of sentence shall take into account the following circumstances of imprisonment with prison labor for a year and six months, and take into account various factors of sentencing as shown in the arguments in this case, such as the defendant's age, character and conduct, process of growth, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of recommended sentences in sentencing guidelines, as set forth in the

[The crime of this case is not very good in light of the circumstances, motive, method, etc. of committing the crime of this case committed by the defendant by intrusion upon the victim's house, causing bodily injury to the victims, such as the bones of the bones, and reporting the victims to the police, causing injury to the victims, causing injury to the victims D, and assaulting the victims C, which is a dangerous object, for the purpose of retaliation and retaliation. The degree of injury suffered by the victims cannot be clearly known because the medical certificate was not submitted as evidence, but it appears that the victims did not suffer injury when comprehensively considering the photograph of the victims' body and the statement of the victims taken up. Considering that the defendant paid 1.5 million won with the agreement to the victims, considering the degree of injury suffered by the victims, the defendant cannot be deemed to have sufficiently recovered from the above money. The defendant cannot be deemed to have been subject to criminal punishment on the same kind of crime, including two times of punishment, and the defendant's use of the force of this case may not be deemed to have been subject to punishment once again due to the crime of this case.

【Free Circumstances】

The Defendant is both aware of the instant crime and reflects on the motive that the Defendant committed the instant crime. Some of the motives may be considered, such as where, with the knowledge of the fact that the victim C, who had a relationship with the victim C, was able to sleep together with the victim D, it appears that the Defendant committed the instant crime under paragraph (1). The Defendant was living together with the victim C, who had not been healthy before the instant crime, and paid living expenses to C while living with the victim C. The Defendant did not want the Defendant’s punishment by agreement with the victims.

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun