beta
(영문) 서울중앙지방법원 2016.12.06 2016고단4349

특수폭행

Text

A defendant shall be punished by imprisonment for 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

The defendant and the victim C(the age of 20) are women.

On March 15, 2016, around 22:30 on March 15, 2016, the Defendant: (a) placed a arche (weight approximately 1kg) for physical use in his hand, which was taken by the victim on the ground that the victim was tending to her horse in Dongjak-gu Seoul Metropolitan Government; (b) placed a part of the victim’s left head on one occasion; and (c) placed a son in her hand after having pushed the victim her to her fluor, her fluor.

Accordingly, the Defendant, carrying a dangerous article, and assaulted the victim.

Summary of Evidence

1. Statement to C by the police;

1. Application of arche photographs, victim photographs, field photographs, and statutes;

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. A sentence shall be imposed considering the following favorable circumstances: (a) the Defendant used assault against the victim as dangerous things for sentencing under Article 62(1) of the Criminal Act; (b) the Defendant committed the instant crime even though he/she had been punished several times for the same kind of crime in the past; (c) the degree of damage to the victim is minor; and (d) the victim does not want the punishment against the Defendant under favorable circumstances.