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(영문) 서울동부지방법원 2018.10.19 2018고단2786

폭행치상

Text

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

Reasons

On October 10, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Eastern District Court (a collective, deadly weapon, etc.), and on May 22, 2015, the Defendant was released from prison in the course of the execution of sentence on June 20, 2015.

Criminal facts

On March 4, 2018, at around 16:00, the Defendant took a bath for the victim D (50 taxes) and drinking alcohol in the “C cafeteria” located in Gwangjin-gu Seoul Special Metropolitan City, and boomed the beer, and the glass view was scattered on the floor by breaking the beer’s disease, and the victim dump dump dump dump dump dump dump dump dump dump dump dump dump, and dump dump dump dump dump dump dump dump dump dump, and dump dump dump dump dump dump dump, the victim dump dump dump dump dump.

Accordingly, the Defendant inflicted an injury upon the victim by assaulting him.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Photographs of the victim;

1. A copy of a medical certificate or medical record;

1. Previous convictions in judgment: The application of inquiry letter, personal acceptance status, and copy of the judgment;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of criminal facts (or choice of imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of the recommended punishment according to the sentencing guidelines: The scope of punishment [the type of determination] according to the sentencing guidelines; the group of violent crimes, assault crimes, and Type 2 (Bodily Injury by Violence): The factors of mitigation of the same repeated crime: the basic area of punishment not to be punishable [the scope of recommended punishment]: April to two years; and

2. The Defendant committed the instant crime of the same kind repeatedly despite the past record of criminal punishment due to violent crimes, etc., more than the Defendant has been sentenced to a fine for a crime of violating the Road Traffic Act during the period of repeated crimes, even though he/she was sentenced to a fine on one occasion during the period of repeated crimes.