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(영문) 서울서부지방법원 2020.06.09 2020고단1093
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 18, 2020, at around 01:20 on March 18, 2020, the Defendant driving away from the victim D(23 years of age) who is an infant of the Defendant returning home to the space in the case of a dispute in front of the cafeteria cafeteria in Eunpyeong-gu Seoul, Seoul, and assaulted the victim's body several times by moving the victim's face at one time and moving the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (verification of a suspect's residential parking lot and CCTV in the location of a case);

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

1. The relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

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

2. Aggravation elements for ordinary assault [Class 1] and increased factors: Victims vulnerable to the crime (the scope of recommending area and recommending range] increased area, and April through January 16.

3. Determination of sentence: The extent of the assault of this case by the defendant for six months is very serious, and the victim wishes to punish the defendant;

The victim is a person who is vulnerable to violence in relation to the defendant, who has experience in domestic violence from the defendant and became disabled by this.

Before presenting CCTV video evidence, the Defendant denied the crime that no assault was committed against the victim at all.

The punishment as ordered shall be determined by comprehensively taking into account the criminal records of the defendant, his age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, other records and arguments of this case, and all the sentencing conditions shown in the records and arguments of this case.

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