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(영문) 서울북부지방법원 2016.11.16 2016고단3056

특수폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 6, 2016, around 06:20 on July 6, 2016, the Defendant assaulted the Victim E (28 years of age) at the main point of “D” located in Jung-gu Seoul Metropolitan Government, such as: (a) the Victim E (28 years of age) was knee and knee; (b) the small and medium branches of water, which are dangerous things in the area, were collected by the Victim; and (c) when the Victim’s face is faced by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (field search and investigation reports) and investigation reports (CCTV verification reports);

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Scope of applicable sentences under law: One month to five years; and

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is mitigated ( April to January 1), the area of mitigation (including special mitigation), the area of punishment (including serious efforts to recover damage) or considerable damage is recovered.

3. The fact that the degree of assault against the decision-making of sentence is not easy is disadvantageous.

On the other hand, it is favorable that the victim has agreed with the victim, and that there is no past record of fine or more.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.