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Reasons
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(영문) 서울중앙지방법원 2016.06.02 2015고단7415
폭행
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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 23, 2015, around 08:50, the Defendant: (a) when the victim C (56 years of age) was deadly injured in his name in the subway underground passage of the subway station in Jung-gu Seoul, Jung-gu; and (b) when the victim c (56 years of age) was blicked, the Defendant breaddd the breath of the victim; and (c) committed assault at one time at the

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 fact that it is not good that the defendant who made a decision to pronounce a fighting assault assaulted by the defendant is not sufficient to commit the crime, and that the defendant did not correct violent character and behavior and did not commit the crime again despite the past record of punishment several times of violent crimes, is disadvantageous to the defendant.

However, the fact that the defendant reflects the mistake in depth, that the degree of violence is not much serious, and that the defendant is able to support the mother in the future can be considered as favorable circumstances.

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.

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