logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.19 2014고단5642
폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 27, 2014, at around 20:20 on July 27, 2014, the Defendant assaulted the victim's face by drinking alone, on the ground that the victim D (the age of 62) who was seated in other tables and drinking together with drinking together, seems to go without people even if he was able to do so.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (to hear statements on two occasions from the victim), an investigation report, and an investigation report;

1. Application of Acts and subordinate statutes to investigation reports (statement E);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

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

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

1. The scope of punishment by sentence: Imprisonment for not more than two years;

2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for two months - October (Selection of the basic area among types 1 of assault crimes);

3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, community service hours for 80 hours: The fact that the accused assaults any victim who does not have any relation with the accused, without any particular reason, and that the accused has the past record of being punished by a fine for five times only for the crime of injury, and that there is ordinary violent tendency: Provided, That after committing the crime, the sentence shall be determined and the execution thereof shall be suspended under the conditions of community service, taking into account the fact that the mistake is divided after committing the crime;

It is so decided as per Disposition for the above reasons.

arrow