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(영문) 서울서부지방법원 2019.09.18 2019고단2424

폭행

Text

A defendant shall be punished by imprisonment for six 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

A victim B(72 years old) is a taxi engineer, and the defendant is a passenger who gets on the taxi of the victim.

On July 2, 2019, at around 09:40, the Defendant used assaulting the victim two times to walk the victim's vessel, as he/she demanded that the victim gets drunk and arrived at his/her destination in front of the D Hospital located in Eunpyeong-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on report on internal accidents and telephone communications;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Determination of sentence: (a) the Defendant committed the instant crime in 2016 and 2018, even though he/she had the record of being punished as a crime of assault, a special assault in 2018; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant’s degree of assault, age, character and conduct of the Defendant; (d) motive of the crime; and (e) the conditions of sentencing specified in the instant pleadings, including the circumstances after the crime