logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.16 2016고단2425
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 November 30, 2015, around 20:30 on November 30, 2015, the Defendant, while under the influence of alcohol in the street of the C market D in Jung-gu Seoul Metropolitan Government, he was assaulted by the victim by moving the electric wheelchairs of the victim E (50) and having the victim go beyond the victim due to the shock of the right direction of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (related to on-site investigation and search and investigation);

1. Each photograph (No. 3, No. 7 once a year);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection 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 for observation of protection;

1. The basic area (from February to October) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the person who is in special sentencing) of the crimes of assault;

2. The criminal defendant committed a second offense even though he/she had been punished on 15 occasions or for the same or similar crimes during the last ten years, and the fact that the victim wants to punish the defendant with severe punishment is disadvantageous to the defendant.

However, it seems that the defendant seems to be late against the wrongness of the defendant, the disability of the second degree, the disability of the disability of the second degree, and the degree of violence is serious.

It can be considered as a favorable circumstance that there is no previous conviction or more than a suspended sentence.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

arrow