logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.13 2016고합173
폭행등
Text

A defendant shall be punished by imprisonment for one year.

All of the prosecutions against each of the charges of this case are dismissed.

Reasons

In light of the fact that the Defendant committed the instant crime, there is a need to punish the Defendant.

However, the fact that the defendant fully acknowledges and reflects the crime, the fact that the injured person does not want the punishment of the defendant by agreement with the injured person, and the motive, means and result of each of the crimes of this case, all of the sentencing conditions in the records of this case, such as the circumstances after each of the crimes, the age, environment and sexual conduct, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court (one year to one year).

1. Crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes: Violence crimes, assault crimes, types 7 (Assaults for Retaliation), areas to be mitigated (persons who are specially mitigated: Non-members of punishment, persons who are specially mitigated: Persons who are in the same kind of repeated crime): From April to April of imprisonment;

2. A crime of damaging property: A group of damaged crimes, general standards, type 1 (damage, etc. of property), mitigation area (person who is not subject to special mitigation: sources of punishment, persons who are not subject to special mitigation, and persons who are subject to special aggravation: Imprisonment with prison labor for one month to six months;

3. Sentencing is not set.* The range of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for one year (in accordance with the minimum limit of the applicable sentences under the law), to one year and seven months, and the punishment shall be determined as set forth in the order.

Rejection of Public Prosecution

1. Summary of assault among the facts charged in the instant case

A. On April 23, 2016, at around 14:20 on April 23, 2016, the Defendant assaulted the victim by drinking the victim’s face face to him/her on the ground that the victim did not receive telephone from him/her, and that he/she did not wish to do so to him/her.

B. On April 24, 2016, the Defendant: (a) committed several violences on the part of the victim’s face in drinking, after the victim under the influence of alcohol tried not to have his/her body in his/her house; and (b) when the Plaintiff was able to do so, he/she saw the victim’s body in drinking, and assaulted the victim’s body on several occasions.

2. The determination falls under Article 260(1) of the Criminal Act.

arrow