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(영문) 광주지방법원 2021.03.26 2020고단2696

폭행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 15, 2019, the Defendant appears to have been sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Gwangju District Court on February 15, 2019, and “eight months” in the indictment appears to be a clerical error.

On April 8, 2020, the sentence was completely executed by the net prison.

1. On May 10, 2020, the Defendant assaulted on May 10, 202, on the ground that the victim D (22 years old)’s mobile phone calls were sleeped by using the victim’s cell phone calls at around 07:00, Gwangju Northern-gu, Gwangju-gu, Gwangju-gu, the Defendant used the victim’s neck as his hand, and continuously used the victim’s knife at one hand.

2. The Defendant damaged property at the time, at the time, and at the places specified in paragraph 1, 1, and on the same grounds as that set forth in paragraph 1, the Defendant destroyed the Moel joints, such as the victim E-owned wind, rooftop galle, dispute flaps, floor floor and television, in a manner that collects 435,00 won in total at the market price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D and E;

1. Photographs related to the case;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, the current status of personal confinement, previous convictions in disposition and results of confirmation;

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, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each of the crimes in its holding)

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. The scope of punishment by law: Imprisonment for one month to nine years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) and violent crimes [Type 1] and ordinary assault (special sentencing factors): Aggravation area of the same repeated crime [the territory of recommendations and the scope of recommendations], 4 months to one year and six months;

B. No. 2 Crimes (Destruction of Property) [Determination of Type] No. 1. General Criteria [No. 1] Property Damage, etc. [No. 1] [Recommendation Area and Recommendations].