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(영문) 서울북부지방법원 2015.11.18 2015고단1806

폭행등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 14:40 on May 3, 2015, the Defendant, while drunkly drinking on the front side of the Seoul Southernbuk-gu Seoul Northern District, assaulted the victim by drinking the part of the victim’s title one time, while drinking the victim D (ma, 57 years of age) and Si expenses.

2. Around May 3, 2015, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc., with deadly weapons) referred the Defendant to “self-confiscing force” in the criminal four team office of the Seoul Gangseo-gu Seoul Northern Police Station located in Gangnam-gu, Seoul, Seoul, to “self-confiscing force” while being investigated by the victim at around 16:25, 2015.

As a result, the defendant carried dangerous objects and put the victim at a two-dimensional disadvantage in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each photograph;

1. Application of Acts and subordinate statutes to report on investigation (D Telephone statement hearing);

1. Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to one6 years; and

2. Type 1 (Scope of Recommendation) that applies to the sentencing guidelines (as of May 15, 2015), Category 1 (Scope of Sentencing), the area of mitigation (1st and June to 2nd and June), the area of mitigation (1st and June to 6th) of habitual injury, repeated crime, and special injury) (2) of minor injury (a person subject to special mitigation) / the scope of recommendation / the scope of recommendation / the basic area (2nd and October) (2nd and October) of the basic area (2nd and October) (a person subject to special violence) of category 1 (general violence) of the Act on the Punishment of Violence: The scope of final sentence due to the aggravation of multiple offenses: 1 year

3. The Defendant, who was sentenced to a sentence, is deemed to have taken the victim’s head into consideration the circumstances leading up to the crime and the method of the crime.