logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.12 2016고단5659
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 1, 2016, at around 22:00, the Defendant assaulted the victim by beer disease, which is a dangerous object in the table, on the ground that the victim took a bath, while drinking alcohol together with the victim C (at around 55 years of age), on the ground that the victim took a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The case where: (a) the mitigation area (4 months to 1 year and 2 months); (b) the punishment of a person who is not subject to special mitigation (including efforts to recover damage) or considerable damage was restored (the decision of sentence] the following circumstances and the defendant’s age, sex, criminal behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., were taken into account, and the punishment as set forth in the records of this case is determined as the disposition.

The defendant's crime of this case is very dangerous because the defendant's principal's disease, which is a dangerous object, is likely to cause a serious danger and may lead to an unfrush result.

The defendant has been punished for crimes related to violence several times.

A favorable circumstance: The victim does not want to punish the defendant.

The defendant shows a attitude to reflect his fault.

arrow