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(영문) 서울남부지방법원 2021.03.31 2020고단6079
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2020, at around 05:10, the Defendant used the face of the victim D(the age of 52) (the age of 52) that was under the influence of alcohol three times as drinking on the street in front of the “C cafeteria” located in Gangseo-gu Seoul Metropolitan Government, and used the victim’s breath, and used the breath to breath, and used the victim’s breath, and used the breath to walk the victim’s chest, and caused the victim’s injury to the breath, which requires treatment for about 30 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (D and E) A criminal investigation report (related to CCTV images for the purpose of protection), and the application of the Acts and subordinate statutes of this Act and subordinate statutes to capture CCTV images;

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to observe the protection of Article 62 (1) of the Criminal Act in the suspension of execution;

1. One to seven years from the date of imprisonment with prison labor for the range of applicable sentences under law;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] violent crimes [type 2] There is no person causing violence [the area of recommendation and the scope of the recommended punishment], the basic area of the punishment [the scope of the recommended punishment], and April through two years.

3. Circumstances disadvantageous to the decision of sentence: A criminal defendant has been punished for a fine for the same kind of crime;

The defendant did not reach an agreement with the victim.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no criminal defendant who has been punished in excess of a fine.

In addition, comprehensively taking into account the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and arguments, the punishment shall be determined as ordered.

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