(영문) 서울중앙지방법원 2017.01.09 2016고단6497

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.01.09 2016고단6497

폭행

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[criminal history] On June 3, 2016, the Defendant was detained in the Seoul Central District Court on the charge of violating the National Sports Promotion Act, and is currently pending trial in the final appeal.

[2] On August 3, 2016, around 14:20, the Defendant assaulted the victim’s chest by hand on the ground that the Defendant was involved in the dispute between the Defendant and E in the first water dong of Seoul detention center, the first water dong of the Seoul detention center, and the first water dong of the Seoul detention center, which was located in 143, in order to protect the victim’s chest, and the victim’s face by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer to D, F, G, H, I, and J;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and each investigation report (the confirmation report while the appellate trial is pending, the suspect's previous convictions and the confirmation report);

1. In light of the relevant legal provisions regarding criminal facts, Article 260(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence of imprisonment with prison labor, the fact that the defendant was detained separately and the nature of the crime is bad and that the defendant committed assault against other prisoners in the detention house under the process of trial, and that the defendant continued to commit the same crime several times in the past even though he/she had the record of the same crime, the sentence of imprisonment with prison labor cannot be imposed.

Provided, That the same sentence as the order shall be determined in consideration of the fact that it is deemed that the damage has not been serious in violence, that the defendant deposited 2 million won for the victim, and that he reflects his mistake, etc.

참조조문

-형법 제260조 제1항

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