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(영문) 의정부지방법원 2021.01.13 2020고단6196

폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 18, 2020, the Defendant, at around 16:10 on October 18, 2020, took the influence of alcohol in front of the building B, took the fluence of the victim C ( South, 17 years old), took the fluence of the victim, taken the fluence of the victim, and fluenced the victim's face two times with the hand floor.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs and victim photographs;

1. Application of the investigative report (verification of CCTV images for committing a crime) Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the defendant among the grounds for sentencing);

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the category 1] and the general assault [the area of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], and February through October; and

2. The crime of this case, in light of the non-discrimination in the selection of a victim or the method, degree, etc. of the assault of this case, which was committed by the defendant under the influence of alcohol and without any reason, is an act of assaulting the victim's timber, and the circumstances and the nature of the crime are not somewhat weak, and even if the defendant had been punished several times as the same crime, he/she again committed the crime of this case, etc., which is disadvantageous to the defendant.

In addition to the fact that the defendant recognized his mistake and reflects on the defendant's age, sex, environment, motive or background of the crime, means and methods of the crime, contents and results of the crime, circumstances after the crime, etc., and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court and the sentencing guidelines shall be determined as per the order.