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(영문) 서울중앙지방법원 2020.01.08 2019고단7569
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On November 2, 2019, around 23:40 on November 2, 2019, the Defendant: (a) at C Singing stores in Gangnam-gu Seoul, Seoul Underground 1; (b) on the ground that the victim D (27 years of age) knows himself/herself, and (c) took the victim’s face three times due to drinking, the Defendant saw him/her over the floor.

The defendant continued to see the misunderstanding that he had been in the main room, and made hot water that is a dangerous object contained in the misunderstandings into the victim's right back to the victim's right back and over the part of the victim's door, and made the victim's face over about 10 times by putting the dangerous object in the main room.

As a result, the defendant carried dangerous objects and carried a video that could not be known to the victim during the treatment period.

Summary of Evidence

1. The defendant's legal statement presented the defendant's written opinion that he did not lit hot water intentionally to the victim after the closing of argument. According to the evidence duly adopted and examined by this court, the defendant's defense counsel presented the defendant's written opinion that he was not guilty of part of the defendant. The field of food was prepared, and it was sufficiently known that the defendant had a hot food contained in his hypan, and the defendant was collected in his hypan, and the defendant could have sufficiently known this fact, and even if it appears that the defendant could have been able to gather it, it could be recognized that the defendant would have been able to come up with the victim, and that the contents should be accumulated into the victim by putting it up, and it is reasonable to view that according to the above recognized facts, the defendant had sufficiently known that the defendant's hypan food contained in the hypan is distributed into the victim.

1. Each statement of E and D;

1. A report on investigation (victim's DNA telephone call) and a photograph of the injured part;

1. Application of the Acts and subordinate statutes governing the current status of investigation (STV image verification) and CCTV image USS;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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