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(영문) 서울중앙지방법원 2020.10.08 2020고단2836
폭행치상
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on September 6, 2019, the Defendant was faced with the victim's face with the hand floor due to the day on which the victim D (ma, 30 years of age)'s happiness and body might face around the convenience store in the Seoul Special Metropolitan City, Gwanak-gu B and 1st floor C.

Accordingly, the victim saw the defendant's clothes in the direction of convenience store by hand, and the defendant, who was faced with this, also did violence by breaking the victim's clothes in the direction of convenience store, and caused the victim to examine the floor on the right hand, and thereby caused the victim to suffer approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Written statements of D;

1. A report on the occurrence of violence, a criminal investigation report (to hear the counter statement of a suspect D), a criminal investigation report (to re-AnalysisCCTV images), a internal investigation report (a suspect D's alley operation), a criminal investigation report (CCTV image analysis);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, there was an injury in need of seven weeks’ medical treatment to the victim due to the instant crime.

The defendant was unable to receive a letter from the victim.

On the other hand, the Defendant runs counter to the instant crime.

However, it is appropriate to regard that the victim is responsible for the occurrence of the crime even if he/she committed the crime in this case while assaulting the victim and the defendant who is equal to physical conditions.

Defendant is an initial offender who has no record of punishment.

Comprehensively taking into account the above circumstances, the defendant's age, means of crime, and circumstances after crime, all the conditions of sentencing as shown in the argument of this case, the sentencing committee shall determine the same sentence as the order within the scope of the sentencing guidelines.

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