(영문) 서울남부지방법원 2020.09.03 2020고단4092

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울남부지방법원 2020.09.03 2020고단4092

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 24, 2018, the Defendant sentenced the Seoul Southern District Court to two years and six months of imprisonment for the crime of interference with business, etc., and completed the execution of the sentence on January 25, 2020.

At around 17:40 on July 21, 2020, the Defendant: (a) discovered the victim B (the age of 8, female) who fested on a gold-line 668, Geumcheon-gu Seoul, Geumcheon-gu, the Defendant assaulted the victim by getting back the victim’s face part back to the front of the victim without any justifiable reason after having knife the victim’s knife at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Each CCTV CD;

1. Criminal history records, inquiry reports (verification during the period of repeated crime of a suspect, results of judgment and inquiry about confinement information), four copies of judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 260 (1) of the Criminal Act applicable to the crimes and Article 260 (1) of the Election of Imprisonment or Imprisonment;

1. As to the Defendant’s assertion of Article 35 of the Criminal Act, the Defendant and his defense counsel asserted that the Defendant and his defense counsel merely contacted the victim’s face while putting up his/her body in two hands, considering that the victim’s excessive height is dangerous.

Judgment

First, in full view of all the evidence as seen earlier, the victim was playing on the playground in the park as stated in the facts constituting the crime, and there were several children and parents in the playground, and the defendant was able to take a large sound that he was seated in the event near the playground, and the victim got her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her to her face

참조조문

-형법 제35조

-형법 제260조 제1항

유사 판례

-광주지방법원 2017.09.15 2016나61135

-춘천지방법원 속초지원 2019.02.14 2018고합46

-인천지방법원 2019.11.08 2019고합336

-의정부지방법원 2015.02.12 2015고정249

-부산지방법원 2015.01.09 2014고정5010