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(영문) 서울중앙지방법원 2017.07.19 2017고단2567

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On July 22, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Seoul Central District Court, and on November 6, 2014, the Seoul Central District Court sentenced eight months of imprisonment with prison labor for an injury, etc., and completed the execution of the sentence at the Seoul Detention Center on May 2, 2015.

[Criminal facts]

1. The Defendant of the 2017 Highest 2567 case is a person who was punished 18 times in total due to violent crimes, including having been sentenced to imprisonment for a violent crime as above, and the victim C (58 years old) is a person with a physical disability of class IV, who lives with a body disorder up to the floor due to inconvenience of the body.

The Defendant, who was sentenced to imprisonment not less than twice in violation of Article 257(1) of the Criminal Act, committed assaulting the victim twice again during the period of repeated crime as follows:

A. On April 13, 2017, around 13:48, the Defendant assaulted the victim’s right-hand part of the body of the victim, who was drunk and living in the front of Gwanak-gu, Seoul Special Metropolitan City D without any reason, at the right-hand level.

B. On April 13, 2017, around 15:40, the Defendant expressed that “F convenience store” in front of the “F convenience store” located in Gwanak-gu in Seoul Special Metropolitan City, and without any justifiable reason, the Defendant was able to take a bath to the victim, namely, “Influence with illness and dwarf,” while walking the victim’s satisf, and was able to walk the victim’s satch with the victim’s left hand, followed the victim’s satisf, and brought two times the victim’s satisfs.

2. On March 22, 2017, the Defendant, around 15:00 on March 22, 2017, 2017, expressed his or her desire to do so from the victim G (22 years) to the mixed-level perspective at the event level in front of the large forest station platform located in Guro-gu Seoul Metropolitan City, Guro-ro 351 (Guro dong-dong).

“I would like to be subject to an appeal, and I would like to assault the victim’s face several times by drinking.

Accordingly, the Defendant, who was sentenced to imprisonment not less than twice in violation of Article 257(1) of the Criminal Act, assaulted the victim during the period of repeated crime.

Summary of Evidence

[2017 Highest 2567]

1. Statement by the defendant in court;

1. Each statement of C and H;

1. CCTV.