logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.02.12 2014고단3717
폭행치상등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the father of the victim C(15 years of age).

On September 29, 2014, the Defendant, at around 23:00, at the residence of the Defendant located in Ulsan-gu D building 609, brought about the victim's head at the wall when the Defendant was faced with the victim's head at the time of the victim's loss on the ground that the victim and the victim want to get a axis.

As a result, the Defendant committed assault against the victim, thereby incurring bodily injury such as dump, tension, etc. in need of treatment for about three weeks, and at the same time, abused the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Article 262 and Article 260 (1) of the Criminal Act concerning the facts constituting an offense (a crime causing violence) and Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, order to attend lecture, Article 62-2 of the Criminal Act, reason for sentencing under Article 8(3), (2), and Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes [the scope of recommending punishment] The basic area (two to ten months) of the assault crime (general assault) [decision of sentence] The act of assaulting a child with a child under the age below the defense capability is an act that is not permissible for any reason, and thus, a sentence of imprisonment shall be chosen as such as an act that is not minor for any reason

However, the execution of punishment shall be suspended by taking into account the fact that mistakes are recognized and contradictory, and no criminal history exists; however, considering the fact that the victim has been punished for a home protection case by assaulting the victim, and the victim seems to have received a large amount of psychologically due to the defendant's excessive behavior, the risk of recidivism and circumstances of recidivism are significant, the imposition of an order to attend a lecture and an order to provide community service shall be determined as ordered by the order.

arrow