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(영문) 서울중앙지방법원 2019.07.24 2019고단3367
폭행등
Text

A defendant shall be punished by imprisonment for six 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 January 13, 2019, at least 04:18, the Defendant thought that C Bank S Bank falling under Gwanak-gu in Seoul Special Metropolitan City, had expressed his desire to the Defendant in front of the nearby restaurant before the corresponding part of D, and then, according to D, the Defendant saw D’s bridge was walked once, with D’s face of drinking, and assaulted D with D’s her face at one time, and walking with D’s chest and breast at one time. The victim E (39 years of age) who is a driving of D’s walked the Defendant, was able to stop the victim at one time when the victim’s face was taken at one time, and used the victim’s face and body, walking the victim’s face and body, so that the victim might suffer from an injury, such as a divers that require treatment between five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police protocol of statement about D, E, and G;

1. Each injury diagnosis letter;

1. Deficial photo of an injury;

1. A report on the occurrence of an injury and violence;

1. A report on investigation, CCTV at a place where CCTV was generated, and a photograph to capture a CCTV;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] and the general injury [the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], and April through June.

3. According to the Supreme Court’s sentencing decision, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after crime, the sentence is determined as ordered within the scope of the recommended sentencing guidelines of the Sentencing Committee.

The crime of this case is committed at a disadvantage of the defendant without a clear reason.

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