logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.01.22 2015고합260
폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police for C;

1. Police internal investigation report (referring to the contact with the victim and the second investigation of the suspect), investigation report (referring to attachment to the Kakao Stockholm message, etc.);

1. Application of the statutes on the details of Kakao Kakao communications

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of each assault: Article 260 (1) of the Criminal Act (the choice of imprisonment with labor);

(b) The point of intimidation: Article 283(1) of the Criminal Act (the choice of imprisonment);

(c) The point of intimidation for the purpose of retaliation: Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes committed on September 20, 2015 with the largest penalty];

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [the type of intimidation] and the basic area of the fourth type of intimidation [the scope of recommendations] [the scope of punishment] fundamental area of the crime of intimidation [the scope of recommendations] from October to two years;

(b) Type 1 (Determination of the Place of Recommendation) (Determination of the Place of Recommendation) of the Act on the Punishment, etc. of Intimidation (Determination of the Type of Intimidation) (Determination of the Place of Recommendation), the basic area of such crime [Scope of Recommendation] from 2 months to 1 year.

(c) Each crime of assault (a type of determination). The basic area of assault (a decision on the recommended area) No. 1 (a decision on the recommended area) (a decision on the recommended area) (a decision on the recommended area) shall be two months to ten months.

(d) Scope of sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of ten months to three years.

2. Determination of sentence: The defendant, who has been sentenced to a suspended sentence of one year, committed each of the instant crimes over several occasions, and in particular, on September 2, 2015 and September 20, 2015, threatened the victim after being investigated by an investigative agency.

arrow