beta
(영문) 청주지방법원 제천지원 2017.11.09 2017고단298

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 29, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. at the Cheongju District Court Support, and completed the execution of the sentence on May 28, 2017.

[2] On August 7, 2017, at around 19:45, the Defendant: (a) expressed the victim E (the victim E (the victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim 40 years of age); (b) expressed the victim victim victim victim's face at least eight times by drinking on both sides of the victim victim's face; (c) attempted to escape after she saw the victim victim victim victim's face; (d) she saw the victim's left loss by drinking the victim victim victim victim to frightly from the victim; and (e) assault the victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim victim her face her face her face with the victim victim victim victim victim victim victim her face at least eight times.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A CD in the CCTV screen business in which the screen of a crime is taken;

1. Scenes photographs of CCTV images taken with the scene of a crime (the records of the crime in its holding);

1. Written inquiry about criminal history, etc. (A);

1. A copy of the judgment; and

1. Application of Acts and subordinate statutes of one copy of the personal confinement status;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The Defendant and his defense counsel asserts that the punishment should be mitigated on the grounds that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of committing the instant crime.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of statement, etc. acknowledged by the evidence duly adopted and examined by the court, the Defendant was under the influence of alcohol to a certain extent at the time of the instant crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

And his defense counsel's above assertion is rejected.

On the grounds of sentencing, records such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime are shown.