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(영문) 서울동부지방법원 2017.10.27 2017고단2424

폭행등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On July 7, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended sentence on July 15, 2016 at the Suwon District Court’s Suwon District Court’s House for larceny of buildings in night at night, and the judgment became final and conclusive on July 15, 2016, but the suspended sentence was revoked on October 17, 2016, and the suspended sentence was completed on April 22, 2017.

1. Around July 14:10, 2017, the Defendant assaulted the victim on July 14:10, 2017, such as (i) the victim D (49 years old)’s Mat in Gwangjin-gu Seoul Special Metropolitan City, for the reduction of the value of the object, but (ii) the victim was suffering from disturbance on the ground that the employee refused to do so, (iii) the victim was faced with disturbance on one occasion by his/her head, (iv) the victim’s left eye part of the body of the victim’s head, and (iv) the victim’s back part of the body of the victim’s back once by hand.

2. On July 26, 2017, the Defendant: (a) around 05:00 on July 26, 2017, at the “H restaurant” operated by the Victim G management in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), the Defendant, despite the absence of the intent or ability to pay the purchase price, was taking place as if he would pay the purchase price to the victim; and (b) obtained pecuniary benefits equivalent to the amount of KRW 8,000 in the market price and the amount of KRW 4,000 in the market price by ordering 1 bottle.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions: Investigative into criminal history, investigation reports (verification of the same type of force, period of suspension of execution, etc.), and sentence "207 Heights 2424";

1. Statement made by the police with D "2017 Highest 2756";

1. Application of written statements (G), receipt Acts and subordinate statutes

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 347 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account for the reasons for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Aggravation of Concurrent Crimes.