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(영문) 서울중앙지방법원 2020.06.10 2020고단2355

폭행치상등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant had weak ability to discern things or make decisions due to a detailed mental fissionable disorder.

1. At around 11:51 on March 24, 2020, the Defendant: (a) expressed the victim D(34 years of age) “C” in front of the “C” located in Gwanak-gu in Seoul Special Metropolitan City, without any reason; and (b) made the victim’s approach to her resistance, thereby leaving the victim’s breast part above the next floor.

As a result, the defendant abused the victim, thereby suffering from the 5th anniversary of the left-hand side which requires treatment for about 6 weeks.

2. The Defendant, at the time, at the time, and at the place of the above paragraph 1 above, she saw the victim E (at the age of 58) who is the mother of D under the above paragraph 1, to restrain the Defendant’s act, and she saw the victim’s face by drinking.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement of each of the accused in court;

1. A protocol concerning the police interrogation of the accused;

1. Each written statement of D and E;

1. Investigation report (F and telephone call for reference);

1. Investigation report (victim D and telephone call);

1. Investigation report (D hearing statements);

1. Investigation report (to be submitted along with copies of the place where the suspect is released, the place where the suspect is released, and the certificate of medical treatment);

1. On-site photographs;

1. Damage photographs;

1. Investigation report (the counter investigation of CCTV images);

1. Video images of on-site CCTV;

1. One copy of on-site CCTV video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act, Articles 262 and 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum of the long-term punishments of the above two crimes shall be aggregated);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. The scope of recommendations according to the sentencing criteria; and