(영문) 서울북부지방법원 2017.11.01 2017고단3570

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글꼴

크기(pt)

굵기

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자간(%)

(영문) 서울북부지방법원 2017.11.01 2017고단3570

폭행

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On June 29, 2017, at the Seoul Special Metropolitan City Nowon-gu Apartment Management Office around 16:40, the Defendant assaulted the victim, such as the victim D who was an elevator worker at the managing office of the apartment of Seoul Special Metropolitan City, when making a resistance to the elevator problem, making the victim's right shoulder of the victim's right shoulder, making the victim's hand, making a telephone call on his hand, and cutting the victim's hand and the part of the telephone call into his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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

1. Grounds for sentencing under Article 62 (1) 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 punishment shall be determined as ordered in consideration of the sentencing conditions, such as the defendant's age, sexual behavior, environment, etc., as well as the fact that the degree of assault and assault against the sentence is not limited, the history of criminal punishment is 18 times or more, and there is no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine, and that the beneficiary prescribed in the Basic Living Security Act for Citizens with Disabilities with Disabilities with the third degree is a beneficiary

참조조문

-형법 제62조 제1항

-형법 제260조 제1항

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