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(영문) 서울동부지방법원 2016.06.24 2016고단221

폭행

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On December 07, 2015, Defendant A, at the main point of “D” located in Songpa-gu Seoul Metropolitan Government around 06:00, on the ground that the Defendant stated the fact of damage to a police officer called up for a fighting with the name of the victim E (19 years old) who was on duty of the Defendant and a man who was on duty of the victim E (19 years old), on the ground that he stated the fact of damage. Defendant A assaulted the victim who was seated in the above main troke on his hand at one time, by putting the head son at his hand.

2. Defendant B, at the same time and place as that of paragraph 1, was sent out by the police officers who moved out of the above main point, and who drive away the victim.

“Absoning the victim’s right at one time by drinking,” and assaulting the victim’s right at one time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of CCTV video CDs and video CD-cap photographs to the Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor;

B. Defendant B: Selection of a fine (in light of the fact that the victim abuseds the victim on the ground that he reported 112, the nature of the crime is not weak, but considering the fact that the defendant is led to confession and reflect, the degree of assault is relatively minor, and there is no previous conviction exceeding the fine).

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Protective observation and community service order Defendant A: Article 62-2 of the Criminal Act;

1. Defendant B: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A)

1. The sentencing criteria [Scope of Recommendation] Class 1 (General Violence) (hereinafter referred to as "special aggravated punishment"), the aggravated area (from April to one year) (excluding the seven types) of assaulting crimes;

2. Determination of sentence: The victim committed the instant crime because he/she had a number of criminal records against the defendant for six months of imprisonment and two years of suspended sentence, and the period of suspended sentence for the same crime has not been too much enough.