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(영문) 서울중앙지방법원 2020.04.20 2019고단6102
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 20:50 on September 13, 2019, the Defendant d (year 47) who was under the influence of alcohol on the front road of Gwanak-gu in Seoul Special Metropolitan City, 'C' and passed the vehicle at the same time, directed the Defendant in India, and assaulted the victim at one time on his/her own hand when he/she informed the Defendant of the face of the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to D;

1. Relevant Article 260 (1) of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the following reasons for sentencing) (a) of the suspended sentence is that the Defendant is against the confession of the instant crime.

There is a somewhat contingent aspect that the defendant committed the instant crime under the influence of alcohol.

The degree of violence exercised by the defendant is not heavy.

[Unjustifiable circumstances] The Defendant committed the instant crime repeatedly despite the same criminal record in several times.

The damage was not recovered.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the character, conduct and environment of the Defendant, motive, means and consequence of the crime, circumstances after the crime, and criminal records.

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