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(영문) 서울북부지방법원 2019.10.16 2019고단968

폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

At around 02:30 on February 6, 2019, the Defendant assaulted the victim by reporting that the victim D (here, 21 years of age) who was a female-friendly woman at the time would work in a drinking house and contact with his/her friendship that he/she came to know at the time when he/she would work in a drinking house, and by cutting the victim's face face into a drinking room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV images CDs and photographic Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to provide community service and attend lectures;

1. Aggravation of the punishment according to the sentencing guidelines (decision of types) shall be limited to the range of recommendations [Article 1] used to commit violent crimes [Article 1] general assault [Special Aggravation of Punishment]: In cases of habitual offenders [the scope of recommendations and recommendations] increased area, imprisonment with labor for April through January 16;

2. In this case, the sentence of sentence is rendered in the so-called so-called "definite violence, where the crime continues for a long time or is highly likely to be committed due to a special relationship between the perpetrator and the victim, and where severe punishment is required for the victim due to causing considerable physical or mental damage, and the defendant has no authority to prosecute the act of infringing upon the victim's residence from the Seoul Northern District Court on July 27, 2017 and destroying and damaging property against the defendant's act of damaging the cell phone (at that time, the defendant used the victim's worship, title, body, face, etc., but this part was not prosecuted). ② On October 20, 2017, the Seoul Northern District Prosecutors' Office did not have the authority to prosecute the victim on the ground that he does not want to assault the victim's face by drinking and drinking. < Amended by Act No. 14820, Jul. 27, 2017>