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(영문) 서울남부지방법원 2020.01.29 2019고단4309
폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

『2019고단4309』 피고인은 2019. 8. 20. 10:20경 서울 영등포구 경인로 870 부근 공원에서 술을 마시던 중, 그곳에서 노숙을 하는 지인인 피해자 B(47세)로부터 욕설을 듣자 이에 화가 나 피해자의 얼굴 부위를 손으로 수 회 때리고 발로 수 회 걷어찼다.

Accordingly, the defendant assaulted the victim.

around 03:50 on October 31, 2019, the Defendant used the victim’s face at one time and three times of drinking while drunkly drinking together with the victim C (age 32) at the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, about 03:50 on October 31, 2019.

Summary of Evidence

"2019 Highest 4309"

1. Defendant's legal statement;

1. Each statement set forth in D and B;

1. The victim's photograph "2019 Highest 6324";

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports ( Results of checking CCTV images at the site);

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

1. From among concurrent crimes, the circumstances favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are recognized by all of the defendants.

Unfavorable circumstances: The defendant has been punished several times for crimes related to violence, and the defendant has not been aware of the fact that he was under suspension of execution due to the same kind of crime.

In the light of the nature and method of violence, the liability for the crime is not easy.

The victims did not know or receive any suspicion.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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