logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.09 2019고단6501
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 4, 2016, the Defendant was sentenced to one year and four months for a violation of the Act on the Control of Narcotics, Etc. in Daejeon District Court on April 4, 2016, and completed the execution of the sentence in the Daejeon Prison on January 29, 2017.

On September 26, 2019, the Defendant, at around 00:24, deemed that it obstructed the opening of the entrance door at the parking lot for Seocho-gu Seoul Metropolitan Government (20 years of age) and concluded the victim C (20 years of age) with his/her bath, such as “culp flusia, flusia, and pota in Gangwon-do,” twice the victim C’s blusium, and concluded the victim D (29 years of age) with his/her blusium, and concluded the back with the victim D in his/her hand.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of investigation reports (explosion photographs) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

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 recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Two to one year and three months of imprisonment with labor for the range of recommending punishment according to the standards for handling multiple crimes (one-2 of the upper limit of crimes No. 1);

2. A sentence shall be imposed on a criminal defendant in light of the fact that the criminal defendant who has been sentenced not only did not know himself/herself during the period of repeated crime but also had the record of having been punished several times for the same crime;

On the other hand, the victims' degree of damage is minor, and the defendant commits the crime of this case.

arrow