(영문) 서울중앙지방법원 2013.04.25 2012고단5856

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(영문) 서울중앙지방법원 2013.04.25 2012고단5856

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 12:00 on September 2, 2012, the Defendant: (a) threatened the victim C (at the age of 85) who was under way with the subway No. 1, the subway No. 1, the subway No. 8, the East Doducheon-dong, with a view to two times the face of the victim by drinking, without any reason, and assaulting the victim C (at the age of 85) on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning violence compact photographs;

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act’s reasons for sentencing [decision of types of punishment] violent crimes, assault crimes, Type 1 (Special Violence) [Specially Instigator] - There is no victim who is vulnerable to an offense against an unspecified victim, victim-special mitigation: [the scope of recommending punishment] - April - one year (Special Adjustment of the scope of sentencing recommendation] - April - 1 year (Special Adjustment of the range of sentencing] - 4 months (special Adjustment of the range of sentencing) - 1 year and 6 months (the maximum of the recommended sentence shall exist for more than 2 special persons, and the maximum of the recommended sentence shall be increased by 1/2) [decision of sentence] The defendant has been punished for the same kind of crime committed several times [the Decision of Punishment three times within the last five years, one suspended sentence (the sentence of fine and the injury caused by indecent act on April 29, 201)], which became final and conclusive on July 29, 2011>

[) In light of the fact that most of the above crimes, like the instant crimes, were used by the Defendant against an unspecified person while under the influence of alcohol, and continued to commit a similar crime, the Defendant appears to have been shown weakly. In addition, according to the result of sentencing assessment, the victim appears to have the intent to agree with the Defendant through the victim’s children, but rather, it appears that the Defendant did not make efforts to reach an agreement with the victim, and thus, a severe punishment against the Defendant is inevitable, and thus, a sentence is imposed.

Furthermore, the degree of the assault of this case and the degree of damage to the victim.

참조조문

-형법 제260조 제1항

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