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(영문) 서울북부지방법원 2018.02.07 2017고단4202
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] Around 07:00 on August 22, 2017, the Defendant conspiredd with the victim C (75 tax) who caused cleaning at the place of cleaning that the Defendant was aware that he she was driving away of the elderly, thereby assaulting the victim’s inside and outside of the area of drinking, etc. on several occasions.

[2017 Highest 5483] around 11:50 on October 23, 2017, the Defendant heard from the victim D (62 aged) who was under the influence of alcohol in a mountain park located in the city of 8-lane 23, Gangnam-gu, Seoul, Gangnam-gu, Seoul, about 11:50, the Defendant got the victim from the rear part of the victim's head and suffered the victim from the rear part of the victim's head.

Accordingly, the defendant committed violence against the victim, thereby causing the injury to the victim.

Summary of Evidence

1. The defendant's legal statement (2017 highest order 4202);

1. Statement made by the police against C [2017 senior order 5483];

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 260 (1) of the Criminal Act (the point of violence) and Articles 262 and 257 (1) of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment with prison labor, respectively;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to nine years;

2. The scope of the recommended punishment according to the sentencing guidelines for the crimes No. 1 [the scope of the recommended punishment] general injury [the scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses for which there are no basic fields (two months to October), No. 1 (the scope of the recommended punishment] (the scope of the recommendation), No. 2 of the mitigated area (the person subject to special mitigation: February to one year) (the person subject to special mitigation) (the scope of the recommendation), No. 1 (the general assault) and no. 1 (the person subject to special sentencing): February to May;

3. The fact that there are several times the records of being sentenced to a fine due to a final and violent crime, and that a person on a protruding site repeatedly assaults without any particular reason, while under the influence of alcohol.

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