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(영문) 광주지방법원 해남지원 2020.05.07 2020고단46

폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On December 15, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) in the Busan District Court on September 19, 2017, and completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

On November 23, 2019, the Defendant refused the demand of the Defendant to turn off the place of the victim C (53 years of age) living in prison with the Defendant in the Busan detention center B located in the Busan detention center located in the city of 268, the Defendant assaulted the victim by taking advantage of his shock, making the victim take a part of the victim’s left face behind his head, making the victim take part of the victim’s head and take part in drinking, and making the victim take part of the victim’s head and take part of the other part of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

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

1. A working report;

1. Assaults, photographs, accompanying photographs;

1. Previous convictions: Application of the results of inquiry, investigation reports (Attachment to attachment, etc. of a criminal suspect's repeated crime and a copy, etc. of the decision concerned), one copy of the decision (Evidence No. 23), one copy of the decision, and one copy of the status

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 for aggravated repeated crimes;

1. Scope of punishment by law: One to four years of imprisonment;

2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for violence crimes: General violence [Class 1] (excluding the types of repeated crimes in the six categories): Aggravation area of the same repeated crime (excluding the category of repeated crimes in the six categories): Aggravation area of increased punishment (excluding the recommended area and the scope of recommendation), April through June of the imprisonment;

3. The defendant who has already been punished for a violent crime shall have more than thirty times the record of punishment.

At the time of the instant crime, not only was the period of repeated crime but also was accepted as violent crime, for which three years have not passed since the completion of the execution of imprisonment with prison labor due to violent crime.

Nevertheless, the defendant is again committing violent crimes of this case within the confinement facility.