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(영문) 대전지방법원 논산지원 2018.05.15 2017고단582

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant, on July 15, 2017, 2017, 200:20:20 on July 15, 2017, 2017, hereinafter “2017 Highest 582, the Defendant: (a) changed that he was unable to return home to the Defendant, and (b) he was at the time when he was able to drink with the victim D (the age of 46) in the Ethy point 2 of the Ethy point operated by the victim D (the age of 46) in C, and was at the time when the victim’s head was the victim’s head with the mobile phone.

After all, the defendant assaulted the victim, and damaged the collection of 470,000 won in total of the market value of the victim's ownership, such as tables and beer residues.

On November 15, 2017, the Defendant driven H cargo vehicles under the influence of alcohol content of 0.105% in a section of about 20 meters of alcohol in G funeral parking lot located in Chungcheongnam-nam, Chungcheongnam-gun, Chungcheongnam-do. on November 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (on-site conditions and counter-investigation);

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving alcohol) of the Road Traffic Act, the selection of imprisonment for each of the types of punishment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were multiple violent crimes and those for drinking, and the defendant was sentenced to a suspended sentence for the crime of injury in 2015.

Nevertheless, the Defendant re-imprisoned the same kind of crime and driven under the influence of alcohol without opening.

It was not the recovery of assault and damage to property, and it was not able to receive any remedy from the victim.

In this situation, the defendant's repetitive violent crime is no longer good than the defendant's prior action.