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(영문) 광주지방법원 순천지원 2016.11.02 2016고단1034

폭행

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2015, the Defendant was sentenced to a suspended sentence of 6 months for an injury in the Gwangju District Court’s net support for Gwangju District Court for the crime of injury, and the said judgment became final and conclusive on January 30, 2015 and is currently under suspended sentence.

【Criminal Facts】

At around 17:50 on February 24, 2016, the Defendant, at the entrance of the elevator with C Apartment 107 1-2 dong 107 and 1-2 Ra, had never been able to be evaluated by the low-rise noise, and the victim was locked, and the victim was locked. However, at the time of the noise, the Defendant was faced with the defect that the victim was hick and hicked with the victim's hick, with his hand, and pushed the victim's hick.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

Defendant’s legal statement

Before the police's written statement of the victim of the statement: Criminal history records, one copy of the judgment, one summary order, and one summary order.

1. Article 260(1) of the relevant legal provisions on criminal facts, reasons for sentencing choice of imprisonment [the scope of recommendation] / Where the degree of assault is minor in the basic area (two months to ten months) of category 1 (general assault) (the person under special mitigation and mitigation) / In the event of assault / [decision of sentence] the motive for the commission of assault / [decision of sentence] the Defendant is a large number of violent criminal offenses, and the Defendant was sentenced to a fine and a suspended sentence of execution on the grounds of noise between the above level of noise, and repeatedly committed assault to the same victim even though he/she was sentenced to a fine and a suspended sentence of sentence on the grounds of injury to the victim of this case on the ground of two occasions or more, the nature of the offense is very poor,

The victim is trying to punish the defendant.

The sentence shall be sentenced.

However, the sentencing factors that are favorable to the fact that the defendant's mistake is against another residence, and 50,000 won was deposited for the victim shall be considered, and the sentencing conditions shall be determined in consideration of the degree of damage, the age, character and conduct of the defendant, and the environment.