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(영문) 서울북부지방법원 2015.07.09 2014고단2214

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Northern District Court for the crime of interference with business and completed the execution of the sentence in Seongdong-gu District Court on February 7, 2013.

On April 18, 2014, at around 18:15, the Defendant took the face of the victim E (the age of 28) one time as a drinking for the reason that the victim E (the age of 28) who is an employee of the bicycle race track in Jung-gu Seoul Metropolitan Government E (the age of 28) was prevented from taking advantage of the bicycle race management regulations.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and personal confinement/collection status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. The scope of recommendations according to the sentencing guidelines [the scope of recommendations] and the area of aggravation (4 months to one year for imprisonment) of category 1 (general assault) (excluding the types of repeated assault during the six categories) of the same repeated crime (excluding the types of habitual repeated assault during the six categories);

3. Although the defendant's decision on the sentence is well-known and reflects his criminal conduct, the criminal facts of the defendant's repeated crime interfered with the business of security personnel of the bicycle race track at the same place as the criminal facts of this case, the defendant found the criminal facts of the defendant's repeated crime in the same manner as the criminal facts of this case, and used violence to security personnel of the bicycle race track without being used again during the period of repeated crime, and other circumstances revealed in the arguments of this case, such as the criminal records of the defendant, his age, family relationship, inclination, etc., shall be