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(영문) 서울중앙지방법원 2017.04.27 2017고단970
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2017, around 04:58, the Defendant took a post-paid victim D (45 tax) and drinking in Gwanak-gu Seoul Special Metropolitan City “C”, which became an issue of extension of hours for the use of the above singing practice room, and caused the injury to the victim’s left head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions considered in favor of sentencing)

1. Where he/she applies the sentencing criteria [the scope of the recommended punishment] and the area of mitigation (four months to one year and two months), in the area of mitigation (including special mitigation persons), in the area of punishment not falling under the punishment (including serious efforts to recover damage), or in a considerable part of damage has been restored;

2. The defendant, who has been sentenced to punishment, has already committed a special assault in this case using dangerous objects despite being able to have been sentenced to punishment due to an already violent crime.

Considering this, the defendant will be sentenced to imprisonment with prison labor.

However, in consideration of the fact that the defendant recognized the facts charged as having reached the crime of this case by contingent, the execution of the sentence shall be suspended by taking into account the fact that the defendant is reflected in the charges, and that the victim has agreed to pay medical expenses and fully.

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