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(영문) 서울동부지방법원 2020.10.23 2019고단2283
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 17, 2019, at around 23:25, the Defendant, while under the influence of alcohol in the roads near Cstore located in Seongdong-gu Seoul Metropolitan Government on June 17, 2019, expressed that the victim D (the age of 16) was a defendant, and expressed the victim D’s desire to “amends, cirs,” and met with the victim D’s hand when the victim D’s son’s head and head were allowed.

The victim E (AW, 19 years old) who was next to the defendant "I would like to see why I would like to see that I would like to see that I would see that I would like to see that I would like to see I would like to see the victim E by drinking. The victim E would be able to see the victim E because I would like to see the victim's escape beyond the floor, and the victim E would like to see the victim E face and ship by drinking.

Accordingly, the defendant committed violence against the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the D and E;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 and 2 (determination of types of violence) and violence crimes : [Type 1] There is no person who has a general assault [the area of recommendation and the scope of recommendation] [the area of recommendation and the scope of recommendation], and February through October;

(b) Scope of recommendations according to the guidelines for handling veterinary crimes: Two months to one year (the upper limit of crimes No. 2).

3. Determination of sentence: The defendant, in six months of imprisonment with prison labor, committed an assault against the aged victims without any particular reason; the degree of assault and degree of damage is not less and the defendant did not receive a letter from the victims; Provided, That the fact that the defendant led to the confession of the crime and was judged at Grade III mental disorder, and all of the sentencing conditions, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, are shown in the records and arguments of this case.

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