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(영문) 서울중앙지방법원 2016.11.01 2016고단6388
특수폭행
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 12, 2016, at around 03:50 on July 12, 2016, the Defendant used a 'C' 'C' 'C operated by the Defendant in Dongjak-gu Seoul Metropolitan Government as a matter of the victim D(51 years of age) and drinking value, and used the victim's clothes and face as drinking, and assaulted twice the victim's head, which is a dangerous object within the said main point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - Types 6 (Habitual Offense, Cumulative Offense, Special Violence) mitigated area (4 months to 1 year and 2 months): The special mitigation person: (a) under the following circumstances, the sentencing conditions specified in the trial process of this case, including Defendant’s age, character and behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be determined within the scope of recommendation as ordered.

Unfavorable circumstances: Method and degree of violence are not easy for the victim to get out of the head of the victim in microfics.

In the past, there have been several experiences of punishment for the same crime of violence.

The favorable circumstances: The victim did not have any particular injury due to the crime of assault in this case.

At the latest, there was an agreement between the victim and the victim during the trial of this case, and the victim complained against the defendant.

The mistake is seriously against it.

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