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(영문) 서울남부지방법원 2016.08.12 2016고단2521

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B(51) reside in the same Gosiwon and are known to the public.

around 01:08 on May 20, 2016, the Defendant continued to drink with the victim while drinking alcohol in Guro-gu Seoul Metropolitan Government, and had the victim do so under the influence of alcohol. Even though the victim took the due care, the Defendant continued to take a bath, and “Icrier”

In doing violent acts such as “,” the victim was able to restrain the victim from doing so, and committed assault against the victim by lowering three times the shoulder part of the victim and the surface of the right bridge, respectively, which are dangerous things that the victim was faced by the defect.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Reporting on dispatch to domestic violence sites;

1. Application of the Acts and subordinate statutes to photographs (the value of metal used by the defendant, the upper part of the victim, and the victim);

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with prison labor) concerning the facts constituting an offense;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the basic area [the scope of the recommended punishment] of the six types of assault crimes (Habitual, repeated, and special assault) [the determination of the recommended area] and the basic area [the scope of the recommended punishment] from June to October 1;

2. Circumstances unfavorable to the decision of sentence: A sentence shall be determined as ordered by taking into account the following circumstances: (a) the defendant assaulted the victim as a person re-influor, which would pose a risk of committing the act of crime, and is not less strict liability; (b) the behavior of assault is recognized by the defendant; (c) the defendant has agreed with the victim; (d) the defendant has no record of criminal punishment exceeding a fine; (c) the circumstances leading to the crime of this case; (d) the extent and result of the damage; (e) the circumstances leading to the defendant; (e) the circumstances leading to the crime of this case; (e) the records of the defendant's punishment after the crime; and (e) the other various circumstances