beta
(영문) 서울남부지방법원 2017.01.13 2016고단5072

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 01:10 on July 12, 2016, at the main point of “C” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around July 12, 2016, the Defendant saw beer disease, which is a dangerous object on the table, as a hand hand, and kidd the victim’s left eye with the instant beer disease.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site dispatch reports;

1. Investigation report (related to acts, such as self-harm of a suspect) and video images;

1. Investigation report (E telephone conversations);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (the occupation of assault against carrying dangerous articles and the choice of imprisonment) concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Article 261 of the Criminal Act ( statutory penalty: January to five years) applies to the basic area [the scope of the recommended punishment] from June to October 1 of the basic area (the scope of the recommended punishment] the scope of the recommended punishment according to the sentencing guidelines for violence crimes.

2. Circumstances disadvantageous to the determination of sentence: The crime of this case is committed by the defendant in such a way that the defendant was able to commit the crime of this case, and is highly likely to commit the crime, and the method of the crime is heavy;

As the victim has a snow part of the body, the damage has not been caused, and no particular damage has been restored.

The defendant has been punished for violence-related crimes.

Even after being arrested as a result of the instant crime, the circumstances following the instant crime are not good.

The defendant's mistake is recognized as to the damage of the defendant.

The above circumstances, the background leading up to the crime of this case, the degree and result of damage, the past records of the defendant punished, and the age of the defendant.