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(영문) 청주지방법원 충주지원 2017.11.10 2017고단644

폭행

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On November 13, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two months and a fine of 500,000 won for the crime of assault, etc. at the Cheongju District Court’s Cheongju Branch branch branch on November 13, 2015 and completed the execution of the above imprisonment on July 1, 20

[Criminal facts] On July 29, 2017, at C convenience stores located in Chungcheongnam-si B around 23:20 on July 29, 2017, the Defendant, without any reason, abused the victim by putting the parts, such as the victim D (n, 33 years old) who is the main owner of the above convenience store, into his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Reporting on the arrest of a case;

1. A report on internal investigation (verification and attachment of video data from CCTV on the site of this case);

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (verification of the same records of the suspect), and application of Acts and subordinate statutes to the personal confinement status;

1. Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The scope of the recommended sentence according to the sentencing guidelines / [the scope of the recommended sentence / [the scope of the recommended sentence] the mitigation area ( through 8 months) of Class 1 (General Violence) (special sentencing person] of the mitigation area: Where the degree of assault is minor (the elements of assault): Special aggravated factors of the same repeated offense (the elements of the offender) are considered first, so the mitigation area shall be determined in the mitigation area.

2. The Defendant, who was sentenced to sentence, made a confession and reflect on all of the instant crimes.

The crime of this case seems to be minor in the degree of assault, because the defendant entered a convenience store under the influence of alcohol and opened a part of convenience store, one time, and the shoulder part of convenience store is insignificant.

In addition, since the defendant is suffering from severe alcohol dependence and repeatedly commits similar crimes, it seems that medical treatment is necessary rather than punishment.

However, the Defendant was punished by a fine of KRW 2 million due to a crime of assault in July 2014, and a fine of KRW 3 million due to a crime of assault in September 2014, and a crime of obstructing business operations in September 2014, and was punished by imprisonment for eight months, suspension of execution two years, and a crime of assault in March 2015.