beta
(영문) 서울남부지방법원 2019.06.21 2019고단893

폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 20:26 on December 21, 2018, the Defendant used the victim’s face one time by having the victim E (the 60-year-old), who is a taxi engineer, paid a double payment of taxi charges in the way that the card was not settled due to the shortage of the balance at the D taxi located in Yangcheon-gu Seoul, Yangcheon-gu Seoul. On December 21, 2018.

"2019 Highest 2643"

1. On April 7, 2019, at around 14:00, the Defendant assaulted the victim’s left side knife with his hand floor on the ground that the victim F (V, 50 years of age) scam scam in front of the Yeongdeungpo Military Station 102-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, was scambling at once.

2. Around 22:00 on April 20, 2019, the Defendant, while drinking alcohol in front of the H Center located in Yeongdeungpo-gu Seoul Metropolitan Government G, assaulted the Defendant when the victim I (the age of 46) bread from drinking alcohol to take a view of the victim’s face by drinking alcohol.

Summary of Evidence

[2019 Highest893]

1. Defendant's legal statement;

1. E statements;

1. Sable image images of cambling images (2019Nomen2643);

1. Defendant's legal statement;

1. Each police statement made to F and I;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

C. Class 3 (Determination of Punishment for Violence) is a violence crime (Article 1).