logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.28 2015고단3178
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 05:10 on July 28, 2015, the Defendant: (a) committed assault to the victim on the face and chest of the victim who had been drinking together with the victim B and his son at the 3rd floor in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, about July 28, 2015, while drinking together with the victim B and his son; and (b) committed assault to the victim.

around 08:55 on July 28, 2015, the Defendant, “2015 Godan3968,” around the entrance of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 846, the Defendant, around 6, Young-gu, Yeongdeungpo-gu, Seoul, sent alcohol to the victim’s face one time with the victim C, without any reason, while drinking alcohol together with the victim C, and had the victim am her nose by taking over the face of the victim.

As a result, the Defendant inflicted an injury on the victim, such as the number of days of treatment, cryp typ, etc.

Summary of Evidence

"2015 Highest 3178"

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Damage photographs;

1. Investigation report (Attachment of a photograph of damage inflicted on the victim B) "2015 Highest 3968";

1. Statement of the police statement regarding C;

1. Photographs;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant provisions of the Criminal Act and Articles 260 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

(a) Where the degree of assault (a) in the mitigated area (i.e., January to August) (i.e., special mitigation) is minor (i.e., 1, 6 and 7) of Class 1 of the Act on the Punishment of Violence;

(b) Insignificant bodily injury (a person subject to special mitigation) in the mitigated area (two to one year) of category 1 (a general injury), general injury (a person subject to special mitigation) (a person subject to recommendation).

(c) The scope of final sentence due to the aggravation of multiple offenses: two months to one year and four months;

2. A favorable circumstance is that the Defendant, who was sentenced to a sentence, appears to have committed each of the instant crimes under the influence of alcohol, and that the degree of assault and injury in this case cannot be deemed to be too serious.

However, the defendant is sentenced to a fine of the same kind and a suspended execution once.

arrow