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(영문) 서울남부지방법원 2017.08.30 2017고단654

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 17, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for interference with business affairs at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on December 27, 2014. On May 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two million won of fine in the same court due to special assault, etc. and completed the execution of the sentence at the said detention center on July 3, 2016.

[2] On November 6, 2016, the Defendant: (a) 22:00, on the ground that the Victim D (hereinafter “Esing”) operated by the Victim D in Yangcheon-gu Seoul Metropolitan Government (hereinafter “Esing 58 years of age) does not sing and singing in the Defendant’s office on the part of the Victim D’s office; (b) carried the Victim D’s flaps, and carried the Defendant’s flaps, leading the Defendant into the Defendant’s office and carried the Defendant’s flaps, leading the Defendant into the Defendant’s flaps, leading the Defendant into the Defendant’s flaps, and pushed the Defendant’s flaps.

On the other hand, the Defendant continued to look at the victim F(61) room No. 6 above, and had the Defendant pushed down the victim F’s breath hand.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Previous convictions: The results of inquiry, investigation report (related to repeated crimes), personal acceptance status [the defendant and defense counsel asserted that the defendant only has a conflict with the victim F, and that there is no assault against the victims.

The victims were assaulted by the Defendant as stated in the facts charged from the investigative agency to this court.

Since specific and consistent statements are made, and there are no special circumstances to suspect the credibility thereof, according to each evidence of the judgment, the fact that the victims have assaulted as stated in the facts constituting a crime can be acknowledged.

Therefore, the defendant and his defense counsel's assertion is not accepted.

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes.