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(영문) 서울중앙지방법원 2017.07.21 2017고단3396

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to five months of imprisonment with prison labor for an injury at the Seoul Southern District Court on December 16, 2010, and was sentenced to one year and six months of imprisonment with prison labor at the Seoul Southern District Court on April 19, 2012, by obstructing the performance of official duties at the Seoul Southern District Court on April 10, 2014, and was sentenced to two years and six months of imprisonment with prison labor for assault, etc. at the Seoul High Court on April 10, 2014, and completed the execution of the sentence at the said prison on February 13, 2016.

around 06:30 on May 14, 2017, the Defendant assaulted the victim E (21) and the victim F (21) on his/her hand floor and drinking in a manner that the victim E (21 years old) and the victim F (21 years old) were cut to a bad condition in front of the DNA, located in Gwanak-gu, Seoul Special Metropolitan City, about 06:30 on May 14, 2017, and assaulted the victim E’s face at three times.

Accordingly, the Defendant, who was sentenced to imprisonment on more than two occasions in violation of Articles 257(1) and 260(1) of the Criminal Act, assaulted victims during the period of repeated crime.

On March 5, 2017, the Defendant: (a) around 03:20 on March 5, 2017, at “H restaurant” located in Gangseo-gu Seoul Metropolitan Government, and (b) at “H restaurant” located in Gangseo-gu Seoul Metropolitan Government, and (c) at the victim I ( South and the age of 23), flicked the victim’s breath with breath, and boomed the victim’s breath with breath, and flicked the breath of the victim J ( South, the age of 23).

Accordingly, the Defendant, who was sentenced to imprisonment more than twice in violation of Article 257(1) of the Criminal Act and Article 366 of the Criminal Act, committed assault to victims during the period of repeated crime.

Summary of Evidence

"2017 Highest 3396"

1. Partial statement of the defendant;

1. Each statement of E and F;

1. 2017 Highest 4544 "Investigation Report (to hear the statements of victims and witnesses);

1. Statement by the defendant in court;

1. "Prior Records of Judgment" of I and J;

1. Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (formers, confirmations, and rulings), and personal confinement status;

1. Article 2(3)1 and Article 2(2)1 of the Punishment of Violences, etc. Act as to the crime, Article 2(1)1 of the Criminal Act, Article 260(1)1 of the Criminal Act.