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(영문) 서울북부지방법원 2017.03.08 2016고단5690
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2016, at around 16:20 on December 11, 2016, the Defendant was dissatisfied with the Defendant’s 3rd floor of “C Public Notice Board” located in Seongbuk-gu Seoul, that is, young women living in the same public notice source and drinking, and who have a dispute with the Defendant with the victim while having been doing so, knbf (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Malier Malier

"A sound and assaulted the victim's face at one time by drinking knife kniff to the victim."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Jack-kack photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV verification investigation at an generated place);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is reduced [the scope of the recommended punishment] and damage equivalent to six types of assault crimes (Habitual, repeated crime, special assault) (4 months to one year and two months), the mitigated area (the special mitigated person] of the punishment not (including serious efforts to recover damage), or damage has been restored.

3. The sentencing conditions, such as the age, sex, environment, etc. of the defendant, can be determined in light of the fact that there is no record of punishment exceeding a fine since 1997, contingency crimes, and victim does not want the punishment of the defendant in agreement with the victim.

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