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(영문) 서울서부지방법원 2018.04.13 2018고단219

폭행

Text

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

Reasons

Punishment of the crime

[criminal records] On October 24, 2012, the Defendant was sentenced to five years of imprisonment for the commission of assault and death at the Seoul Western District Court (Seoul Western District Court). On February 20, 2017, the Defendant completed the execution of the sentence at the Jeonju prison.

[2] On January 15, 2018, around 23:40, the Defendant committed assault, such as: (a) in front of Yongsan-gu Seoul Metropolitan Government, and (b) in front of drinking the victim D (63 tax) who was walking prior to Yongsan-gu, without any particular reason, and (c) walking the head of the head with a view to walking; (b) by causing the victim, the victim was tightly tightly tight; and (c) continuing to tight back the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV CDs at the scene of the occurrence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (report on criminal records of the same kind as the suspect and repeated crime);

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

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : Crimes of assault (hereinafter referred to as "a person subject to special sentencing") consisting of the aggravated area (4 months to 1 year) [a person subject to special sentencing] of the same type of repeated crime [a] under favorable circumstances: A normal condition unfavorable to the confession: A person has the record of being punished for the same kind of crime more than 10 times even in addition to the repeated crime in the judgment of the court, and there is no record of being punished for the same kind of crime in addition to the repeated crime in the judgment of the court, there is a disturbance of detention