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(영문) 수원지방법원 안산지원 2018.01.31 2017고단3445

폭행

Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment with prison labor for injury, etc. on August 16, 2017, and the judgment became final and conclusive on January 12, 2018.

[2] On June 13, 2017, the Defendant: (a) committed assault by the victim on the ground that the victim D was unable to calculate as soon as possible while purchasing the cupped Cup from E convenience stores where the victim D was employed by the victim D in Suwon-si, Suwon-si, Suwon-si as of June 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions in judgment: Inquiry about criminal history, summary information of case, copy of judgment and application of Acts and subordinate statutes concerning personal confinement;

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

1. The latter part of Article 37 of the Criminal Act that treats concurrent crimes: Provided, That the sentencing of Article 39(1) is based on the following factors: (a) the Defendant’s age, sex, family relationship, and circumstances after the commission of the crime; and (b) the sentence is determined as ordered in consideration of all the conditions of the sentencing.

- Unfavorable circumstances: The fact that the nature of the crime is inferior in light of motive, method, etc. of the crime, the fact that the defendant did not make an effort to recover the damage, the circumstance that the defendant led to confession and reflect, and the fact that it is necessary to consider equity with the case that the judgment is rendered simultaneously with the crime of injury