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(영문) 대전지방법원 논산지원 2019.02.01 2018고단515

폭행

Text

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

Reasons

Punishment of the crime

[criminal record] On March 15, 2012, the Defendant was sentenced to five years of imprisonment for the commission of bodily injury at the Daegu High Court on March 15, 2012, and completed the execution of the sentence in the Daegu Prison on August 17, 2016.

【Criminal Facts】

At around 20:40 on September 18, 2018, the Defendant: (a) heard that he drinks and sprinks alcoholic beverages in the C cafeteria located in Seosan City B; (b) talked with the victim D(57 years of age) who sprinked alcoholic beverages on the side table and the victim E (54 years of age); and (c) assaulted the victim E-mail, who sprinked the flabing of the victim D’s flab and sphered it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of D and E;

1. Previous records of judgment: Application of criminal records, inquiry reports (the application of criminal records, repeated crimes, and criminal records related to violence);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reduction of aggravating area ( April to one year and six months): Reduction of aggravating area (special person) of Category I (general assault) of the Criminal Act among concurrent crimes: Where the degree of assault is minor / Aggravation: Where a person is committed against a large number of victims, the same repeated crime is committed for the same kind of victim;