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(영문) 대구지방법원 포항지원 2019.03.21 2018고단1516

폭행

Text

The punishment of the accused shall be two months by imprisonment.

Reasons

Punishment of the crime

On July 1, 2018, the defendant around 08:30 on July 1, 2018, at the Maritime Prison B located in the west-ro 521, west-ro, west-ro, west-ro, west-ro, west-ro, west-ro, west-ro, and the victim C (the age of 44) who is a prisoner in the same room was locked-ro, and the defendant was able to have his head, hand, etc.

Then, at around 09:30 on the same day, the defendant covered the victim's face, and covered it.

Accordingly, the defendant assaulted the victim on a total of two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the second protocol of trial;

1. Application of laws and regulations on police statements concerning C and D;

1. Relevant Articles of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crimes. Article 260 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to three years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. In light of the fact that a person commits a crime without being aware of the fact that he/she was sentenced to a punishment for special injury, etc. by sentence and committed a crime in prison, and has a record of having been sentenced several times due to violent crimes, etc., a sentence of imprisonment for the accused is inevitable;

However, as well as the fact that the defendant's late marization is divided, it is all the circumstances that form the conditions for sentencing such as the age and environment of the defendant.