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(영문) 서울서부지방법원 2019.10.16 2019고단1937
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

The Defendant is the “C” customer in the operation of B (the age of 58) and the victim D (the age of 34) is the female and B.

At around 19:20 on May 23, 2019, the Defendant: (a) while under the influence of alcohol in Eunpyeong-gu Seoul E located in Eunpyeong-gu, Seoul on the ground that the victim D, who was drunk in the said E area, avoided himself/herself; (b) 10 times the face of the said victim; (c) fluencing the victim’s left arms by entering the area; and (d) booming the victim with a dangerous thing, and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and B;

1. A protocol of partial police interrogation of the accused;

1. Each police statement made against D and B;

1. Written statements prepared in D;

1. Attachment of photographs;

1. The application of a record in one copy of the recording (In light of the above evidence, it is recognized that the defendant cited beer and frightened the victim, and the act of displaying beer and beer in a narrow space is an exercise of tangible power and constitutes violence of special assault).

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. The fact that the victim, who is a female female more than 20 times than himself/herself, has been punished on a non-discriminatory basis in his/her hands; the victim's arms by entering in his/her arms; the victim's beer disease, which is a dangerous object, is not good for such crime; three times a fine due to violent crimes; and one time a fine due to the obstruction of performance of official duties has been punished for the crime: Provided, That the victim is the victim;

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