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(영문) 서울남부지방법원 2018.06.11 2018고단1459

폭행

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On August 17, 2017, the Defendant was sentenced to two years of suspension of the execution of ten years of imprisonment with prison labor for assault at Seoul Western District Court on August 25, 2017, and the judgment became final and conclusive on August 25, 2017.

On August 23, 2017, at around 14:54, the Defendant assaulted the victim B (the remaining and the aged 10) who was travelling along the road in front of the latter part of the elementary school of 30 Seoul, Yangcheon-gu, Yangcheon-gu, Seoul, 11-gil, and 30 Seoul, without any justifiable reason, and used the victim’s hair, booming the head of the victim’s hair by her hand, cutting down his arms, and cutting down his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. B and C’s statements;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a copy of the judgment);

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

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) is that the Defendant, on August 17, 2017, was sentenced to a suspended sentence of ten months on the grounds of assault on August 17, 2017, and again committed the instant assault at one week only after being sentenced to a suspended sentence of ten months; and both the facts constituting the said suspended sentence and the instant crime were used by force against the child who was on the way of the said suspended sentence of execution without justifiable reasons, and thus, the crime is not good in light of the object and method of the

However, prior to the year 2017, there is a favorable circumstance that the defendant has no record of being punished for violent crimes, and the punishment as ordered shall be determined by taking into account the equity between the case where the judgment is rendered simultaneously with the case where the judgment becomes final and conclusive.