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(영문) 서울북부지방법원 2013.12.20 2013고단2028

폭행

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2013, around 22:30 on July 30, 2013, the Defendant found the victim D (here, 20 years of age) who was under the influence of alcohol, and assaulted the victim by drinking once by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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 (to suspend the execution of imprisonment with prison labor in consideration of all the circumstances, including the fact that there are many criminal records of the same kind of crime, but the degree of damage inflicted upon the victim and the recognition of the crime in this case);

1. The defendant asserts that he committed the instant crime under the influence of alcohol while he lacks the ability to discern things or make decisions, which led to the lack of the ability to discern things or make decisions. Thus, according to the records, the defendant's drinking at the time of the instant crime is recognized as having a drinking, but it does not seem that the defendant lacks the ability to discern things or make decisions. Accordingly, the above argument is rejected.