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(영문) 서울서부지방법원 2020.10.21 2020고단2059

폭행

Text

Defendant

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

However, for two years from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

At around 15:30 on June 13, 2020, the Defendant was taking the face from the victim A (the age of 47) in front of the D convenience store located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the face was collected from the victim, and the head of the victim was turned back once, and the head of the victim was cut up by the victim's disease, which is a dangerous object, once, and the part of the victim's ear was cut up to twice.

In this respect, the defendant carried dangerous things with the victim's injury in the treatment days.

Summary of Evidence

1. Application of the Acts and subordinate statutes of A to the police investigation report on the suspect interrogation protocol E of the defendant in relation to the suspect interrogation protocol of the defendant in the police as to A (the call of a shot person or witness F telephone hearing) recording;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area of the punishment, April to one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and therefore the minimum limit of the applicable punishment in law is different from the applicable sentencing range);

2. Determination of sentence (contributed circumstances) recognizes and reflects his fault.

In the state of drinking, the victim seems to have committed a contingent crime while having a dispute with the victim.

The victim does not want to punish the defendant.

[Unfavorable Circumstances] The degree of injury inflicted on the victim is reasonable, and the more serious result was high in consideration of the method of crime and the degree of damage.

by violence, etc.