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(영문) 서울중앙지방법원 2020.11.17 2020고단6084
상해등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 19, 2020, at around 01:37, the Defendant was drunk in front of Gangnam-gu Seoul, and at around 01:37, while having a female-friendly dispute with C, the Defendant left the Defendant and her married with C, thereby causing defect to C, and at this time, the victim D (here, 31) who was reporting his mobile phone at the above location, was able to take the time when she was able to talk with the other victim.

이어 피고인은 피해자가 위와 같은 피고인의 행패에 항의하자 손으로 피해자의 목을 밀쳐 피해자를 쓰러뜨리고, 주먹과 발로 피해자의 얼굴과 복부 등 전신을 수차례 때려 피해자가 정신을 잃게 하였으며, 양손으로 피해자를 집어 들어 아스팔트 도로 위에 내동댕이치고, 피해자가 메고 있던 시가 680만 원 상당의 샤넬 핸드백을 벗겨 집어 던져 가방끈이 끊어지게 한 후, 재차 피해자의 머리채를 잡아 피해자의 상반신을 내동댕이쳤다.

As a result, the defendant caused the victim to suffer from an infinite pain pain, a low-finite disorder, a dinite finite plane of the inside part, and a finite finite, and damaged the above handbin, which is the victim's property, to the non-repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each CCTV image, victim and damaged photograph, each medical certificate, each medical record copy of the protocol of statement C prepared by the police officer with D, and the application of each Act and subordinate statutes to the investigation report;

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Defendant used excessive and cruel violence to the victim for sentencing in Article 62-2 of the Probation Criminal Act.

Considering the degree of violence inflicted by the defendant against women who are not severe in physical strength and are difficult to resist, more serious physical damage is needed.

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