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(영문) 춘천지방법원 원주지원 2019.01.24 2018고단1066

폭행

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 5, 2017, the Defendant was sentenced to eight months of imprisonment due to assault, etc. in the Chuncheon District Court's original branch, and completed the execution of the sentence on January 16, 2018.

At around 00:10 on September 1, 2018, the Defendant: (a) expressed the desire of the victim E (n, 40 years of age) (hereinafter “D”) who is the former wife at the “D cafeteria” restaurant operated by the Defendant (n, 58 years of age) on September 11, 2018; and (b) took the said victim’s title as a knick hand and see the said victim’s left hand as the left hand.

The Defendant continued to commit an act of assaulting the victim F (the 60-year-old age) who is a customer, at the same time, expressed that the victim F (the 60-year-old age-) would have come to the governance, and came to the end once, and the victim C expressed the victim’s neck at a restaurant, “hing the governance, singingly, and immediately hinging the funeral,” and assaulted the victim’s neck on his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, and C;

1. A damaged photograph;

1. Previous records of judgment: Criminal records, references to criminal records, reports on results of confirmation of each disposition and telephone, status of personal confinement, and application of each decision-making statute;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the defendant's mistake, health is not good, and the defendant has a bad family history. However, during the same repeated crime period, the defendant committed the instant crime against three victims, did not receive a letter from the victims, and is subject to repeated criminal punishment for violent inclinations. As such, there is a high risk of recidivism.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for the