logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2020.05.21 2020고단130
폭행치상
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

The defendant is a taxi engineer and the victim B (26 years old) is a taxi passenger.

The defendant, around 02:50 on July 7, 2019, in front of the 'D' 'D' in Soyang-gu, Soyang-si C', Goyang-gu, Goyang-si, the defendant seems to take a bath with the victim as a matter of making a internship in the U.S. prohibited zone.

The defendant was able to find out his neck in both arms and the defendant's shoulder, and the victim was assaulted to the victim for about 8 weeks by fasting his chest part of the victim's chest, thereby causing the victim to suffer the injury of mar fever, which is the full-time left-hand part of the victim's chest that needs to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor’s statement concerning B;

1. E statements;

1. Mobile phone image CDs;

1. Application of medical certificates (39 pages, 53 pages of evidentiary records) and copies of medical records Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crime [Type 2] bodily injury [Special Sentencing] mitigated element: Where an intentional act of assault is committed, serious injury (category 2 and 4): Basic area of injury (the scope of recommendation area and recommendation range], and four to two years.

3. The sentencing sentencing factors are as follows: (a) the defendant in the judgment of the sentencing sentence covers the victim who is investigating the brue of the sentence; (b) the defendant recognizes his mistake; (c) the degree of assault inflicted on the victim; (d) there seems to be more severe punishment than the fine; and (e) the deposited KRW 6.8 million for the victim is considered as the sentencing factors favorable to the defendant; and (e) the punishment is determined within the scope of the above recommended sentencing factors, taking into account all the factors such as the age of the defendant and the victim; (e) the defendant's health condition; and (e) the family environment.

arrow