logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.10.18 2017고단3586
폭행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 01:50 on August 19, 2017, the Defendant 2017, at the front package of the branch office of the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Korea Bank, etc., and the Defendant 240 on August 19, 2017, when drinking alcohol together with the Victim C (56 tax) on the ground that the injured party said the Defendant as “all the Defendant..............., on the ground that the injured party, while drinking alcohol together with the Victim C, said that the injured party “the Defendant.....................”, the injured party’s body fested the victim’s face.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs and photographs of the body of victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and Article 62-2 is that the defendant was faced with beer disease face of the victim and inflicted an injury on the victim. This is an act that may lead to a very dangerous result, and in fact, the victim has been faced with a considerable amount of illness, and the victim has suffered bodily injury on his eye, and there is a history of punishment several times for violent crimes before the defendant.

However, the punishment is determined as ordered by taking into account the following factors: (a) the defendant makes a confession of his mistake and reflects against himself; (b) the victim does not want the punishment of the defendant from the investigative agency; and (c) the victim who was aware of his criticism, drinking together with the victim who was aware of his criticism, leading to a contingent crime; (d) there is no less punishment than a suspended sentence due to assault crime; and (e) other conditions of sentencing

Rejection of Public Prosecution (as to the 2017 Highest 3586 Cases)

1. The Defendant was waiting for a taxi while under the influence of alcohol on July 23, 2017 at the front of Yeongdeungpo-gu Seoul Metropolitan Government D around 21:50.

arrow