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(영문) 서울북부지방법원 2020.08.14 2020고단2184
폭행
Text

A defendant shall be punished by imprisonment 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 04:20 on May 18, 2020, the Defendant assaulted the victims E (Nam, 47 years old) who refrained from returning to Korea after discharging D, which is the head of the Defendant hospitalized in C Hospital located in C Hospital B, without permission, at the front parking lot in Seoul, Jung-gu, Seoul, and used the victim’s head debt twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

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

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

1. There are many criminal records of punishment by violence in sentencing under Article 62(1) of the Criminal Act and disadvantageous circumstances such as the victim wants to be punished.

However, in the process of returning home to the police officer who wants to discharge, there are circumstances to be considered in light of the background of the contingent crime that occurs with the security personnel of the hospital, there are no criminal records exceeding the fine, and the fact that the crime is recognized and reflected, etc., and all the sentencing conditions such as the defendant's age, character and behavior, motive and consequence of the crime, and circumstances after the crime shall be determined as ordered.

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