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(영문) 서울남부지방법원 2014.08.20 2014고단2467

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 22, 2007, the Defendant was sentenced to five years of imprisonment for the commission of bodily injury at the Seoul Southern District Court (Seoul Southern District Court) and was released on September 30, 201 during the execution of the sentence in the Daejeon Correctional District Court. The period of parole passed on May 21, 2012.

On November 5, 2013, at around 17:25, the Defendant, under the influence of alcohol in front of the bus stops of Yangcheon-gu Seoul Metropolitan Government B apartment bus stops, assaulted five times the victim’s breath face by breath by breathing the breath and breath, on the ground that he was under the influence of alcohol in front of the bus stops of Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes for inquiry reports and investigation reports (Evidence 7);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommending a punishment according to the sentencing guidelines (type of crime) (type of crime) violence crimes in general: general assault crimes (special aggravation elements), the same repeated crime (Scope of recommending punishment) shall be punished by imprisonment for the same kind of repeated crime (the scope of recommending punishment), from April to one year (aggravated area);

2. Although the decision of sentence was made by the defendant, although the defendant had shown an attitude to reflect his mistake in making a confession of the crime of this case, the defendant is a so-called "bama assault" crime that committed an indecent assault against the victim without any special reason on the ground that he committed the crime of this case. This is a serious anti-social crime that makes it possible for anyone to become a victim of assault and thus has a high need for severe punishment. The defendant is not agreed with the victim up to now, and the defendant again committed the crime of this case within the repeated offense period due to the crime of bodily injury in the judgment, and considering the previous force and contents of the crime of this case including the crime of this case, in consideration of the fact that the defendant lost the nature of drinking and has a tendency to proceed to the crime of violence.