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(영문) 서울남부지방법원 2016.12.02 2016고단4388
폭행
Text

A defendant shall be punished by imprisonment for four 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

around 23:30 on August 10, 2016, the Defendant, appearing at the back seat of the taxi operated by the victim D (the age of 58) in the front of Yeongdeungpo-gu Seoul Metropolitan Government, and was sold by the victim by hand during the dispute between the victim and the settlement.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. An investigation report (related to the attachment of vehicle black records and video images);

1. Investigative reports (to hear statements from victims);

1. Reporting on investigation (to hear statements of suspects);

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act that apply to the crime (the point of violence and the choice of imprisonment);

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

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

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment for violence crimes (decision of types] (general assault), the aggravated factors (decision of the recommended area), the aggravated factors (decision of the recommended area), the aggravated factors (decision of the recommended area), April to one year; and

2. Circumstances unfavorable to the determination of sentence: Although the victim was unable to respond to the error of the card issued by the defendant, the defendant used a severe bath for the victim near 20 minutes and used violence (which can be confirmed by black stuff image) for that reason, and the nature of the crime is not very good.

Although the victim's card was approved for the defendant, the defendant exercised violence in the course of provoking due to the absence of the initial settlement, there is no circumstance to consider the circumstance of the assault.

Although the defendant was punished several times for violent crimes, he did not make improvement of character and behavior and re-offending.

There was no agreement with the victim.

Although there are such unfavorable circumstances as above, there is no additional damage such as inflicting injury on the victim, and there is no emphasis on the behavior and degree of violence.

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