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(영문) 서울북부지방법원 2016.09.07 2016고단2392
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 May 23, 2016, at around 23:35, the Defendant, while under the influence of alcohol, assaulted the victim B (the 47 years of age) who was waiting for a bus at the central bus stop on the ground that the external mother of the victim B (the 47 years of age) is identical to a foreigner and is bad, when the victim’s head and the chest part of the victim were sent back to several times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of B’s written laws and regulations;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to two years of imprisonment;

2. Where he/she commits a crime against an unspecified or large number of unspecified victims or repeatedly during a considerable period of time in the aggravated area (4-1 year) of Category 1 (4-1) as a assault crime according to the sentencing guidelines;

3. It is an unfavorable circumstance that assaults a person on a pro rata site for reasons that it is impossible to obtain the decision of sentence, that the enemy who was subject to the suspension of the execution of imprisonment with prison labor for the same kind of crime is up to five times, and that the enemy who was sentenced to the fine is making no effort to recover from damage.

On the other hand, it is advantageous to the fact that it is the disabled in the third degree of delay disability.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

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