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(영문) 서울서부지방법원 2020.12.16 2020고단3489
폭행
Text

A defendant shall be punished by imprisonment for four 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

On September 21, 2020, the Defendant, without using a string on a taxi (D) operated by the victim C in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, on September 10, 2020, used the string and used the string as soon as the string is used by the victim. The Defendant used the string of the 200-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C Police Statements (victims) investigation reports (Pream Analysis) Acts and subordinate statutes

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

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

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

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. The fact that the defendant has a record of criminal punishment for the same kind, and that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

However, it is favorable to the defendant that the defendant shows the attitude to reflect by recognizing the crime.

In addition, the punishment shall be determined as ordered in comprehensive consideration of various sentencing conditions, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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