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(영문) 서울남부지방법원 2016.07.15 2015고단4165
특수폭행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2015, around 19:25, the Defendant left the victim’s head one time with a stone (15cm in length), which is a dangerous object that the victim E (51) was misunderstanding that the victim E was able to monitor himself/herself, from the second floor corridor of Yeongdeungpo-gu Seoul Metropolitan Government D Public Notice Board D on September 12, 2015.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs and damaged parts of the photograph;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is reduced [the scope of the recommended punishment] and damage equivalent to six types of assault crimes (Habitual, repeated crime, special assault) (4 months to one year and two months), the mitigated area (the special mitigated person] of the punishment not (including the advanced effort to recover damage), or considerable damage has been restored;

2. The crime of this case committed by the Defendant, who misleads the victim that he was to monitor himself, was assaulted by the head of the victim, a dangerous object, and the risk of such act is a serious disadvantage to the Defendant.

However, considering favorable circumstances, such as the fact that the defendant is attempting to commit a crime, the fact that the defendant agreed with the victim, the degree of damage is not severe, the defendant's primary offender who has no criminal record, etc., the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the conditions of sentencing as shown in the records and theories of the change.

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