(영문) 서울중앙지방법원 2020.09.16 2020고정1335

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.09.16 2020고정1335

폭행치상

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 03:20 on October 28, 2019, the Defendant committed assault, such as taking the face part of the victim D (Nam, 55 years old) and the chest part of the chest part as head, on the ground that he was unable to know while under the influence of alcohol, at around 03:20, the Defendant suffered injury, such as the victim’s left part 6, 7 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of D and E;

1. A written diagnosis of injury;

1. The CD-recording storage CD or the electronic telephone recording file CD;

1. Application of Acts and subordinate statutes to report internal investigation (related to the on-site verification and the verification of whether CCTV was installed) (limited to the fact that the defendant did not have the intention of assault, but in full view of the victim and witness E investigation agency's specific and consistent statements, etc., the defendant may use assault, i.e., force, and sufficiently recognize the fact that the victim was injured as stated in

1. Relevant provisions of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 50,000 won or more from 10,000 won to 10,000 won (the decision of sentence] fine 1,50,000 won or more appears to have committed the instant crime under the influence of alcohol, and the victim paid a total of KRW 800,000 as part of the conditional contract amount for criminal adjustment, while there are favorable circumstances for the Defendant, such as that the degree of injury to the victim is not less easy, that the Defendant did not receive a letter from the victim, that the Defendant did not go against the Defendant while denying the instant crime, and that there are other unfavorable circumstances against the Defendant, such as the Defendant’s age, character, environment, background and motive of the crime, degree of injury, degree of injury, relationship with the victim, and circumstances after the crime.

참조조문

유사 판례

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