logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.20 2016고단4891
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 25, 2016, at around 22:40 on August 25, 2016, the Defendant discovered the victim who is a mixed drinking while dissatisfied with the Defendant’s mother who is the president of the apartment complex in Seoul Special Metropolitan City, Nowon-gu’s apartment complex, and was dissatisfied with this time expense frequently, and she decided three times with the victim’s her son’s son.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to two years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (one month to eight months) (a person with a special mitigation], where the degree of assault is insignificant (the first, six, and seven types).

3. The fact that the record of punishment as a crime of final and conclusive punishment reaches 12 times a fine is disadvantageous.

On the other hand, although the degree of violence is minor, it is intended to kill and agree with the victim, it is favorable that the victim did not reach an agreement due to a sudden death.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

arrow