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(영문) 수원지방법원 안산지원 2017.01.10 2016고단3390

폭행등

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal records] On November 28, 2014, the Defendant was sentenced to one year and six months of imprisonment with labor for the obstruction of business in the Seosan Branch of the Daejeon District Court, and completed the execution of the sentence in the official prison on April 2, 2016.

[2016 Highest 3390] On May 25, 2016, the Defendant committed assault, such as taking three times the victim’s left knife at the hand floor, on the ground that the Defendant, in light of 01:55, fell from the D Public Notice Board corridor’s corridor where the Defendant living in C, and she was a victim E (56 years old) who is a subsequent resident.

[2016 Highest 3646] On August 13, 2016, at around 06:04, the Defendant reported that he was engaged in an act of disturbance during a disturbance, such as leaving the state of being under influence of alcohol on the station platform (Seoul subway No. 7, Seoul Metropolitan City subway No. 19-1, which was located in Guro-gu Seoul Metropolitan City Do Do 19-1, and spreading to other subway users, and reported that he was able to cause harm to the victim F, which is the cause of the construction work of the Seoul Urban Railroad, the Defendant provided a large voice to the victim, who was demanded by the victim F to request that the victim be able to do so.

Accordingly, the Defendant interfered with the victim's duty to maintain order within the platform by force.

Summary of Evidence

[2016 Highest 3390]

1. E statements;

1. A report on investigation (as to the statements of witnesses), (as to the statement of witnesses, 2016 high group 3646);

1. Statement by the defendant in court;

1. A written statement of F (before judgment);

1. Application of a reply to inquiries, such as criminal history, and one copy of the acceptance status of each individual;

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for the crime;

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

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

1. Standard for Sentencing - No person who has no basic area (two months to ten months) (the person subject to special sentencing) of Category 1 (Assaults) (the scope of recommending punishment) (the scope of recommending punishment) in the mitigated area (one month to eight months) (the scope of business interference) (one month) in the mitigated area (the scope of recommending punishment) (one month to eight months), the mitigated area (the person subject to special mitigation) (the person subject to special mitigation).