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(영문) 서울서부지방법원 2019.05.22 2019고단1067

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 26, 2019, the Defendant: (a) around 06:00, at the front of the building on the ground of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, the Defendant, under the influence of alcohol, assaulted the victim C (70 years of age) who is in charge of the building in question, caused the victim’s shoulder and face by interesting his/her horse, broken the victim’s shoulder and face in his/her hands; (b) destroyed the victim’s wall in front of his/her outbreak; and (c) committed assault by brub, as he/she was fluencing the wall that is a dangerous object to the victim by putting the part of the victim’s neck.

2. At around 11:40 on the same day, the Defendant saw the victim’s horse at a place specified in Paragraph (1) and 11:40 on the same day, collected a shoulder brick, which is a dangerous object, and committed assault to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of each victim of C;

1. Application of Acts and subordinate statutes to attached documents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose 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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Crimes of violence listed in subparagraphs 1 and 2 [Determination of Punishment] / [Type 6] Cumulative Crime and Special Violence [Special / Aggravated Punishment] mitigated elements: The mitigated elements of punishment (including serious efforts to recover damage): the mitigated area of punishment (including the recommended area and the scope of recommended punishment); February to December 12;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. Determination of sentence: Imprisonment with prison labor for six months [fluoring circumstances] that the victim does not want the punishment of the defendant [fluoring circumstances] that there are several times the records of punishment for the same kind of crime, and that the victim was arrested and investigated as a flagrant offender and led to the same crime again for the same crime, and that the crime is not good;