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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1740

폭행

Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in this case, April 16, 2017 and

4. 27. Each of the assaults

Reasons

Punishment of the crime

【Criminal Force” On September 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury in the Daejeon District Court’s Branch of the Daejeon District Court, and completed the execution of the sentence on February 10, 2017 at the Daejeon District Court’s Branch of the Daejeon District Court.

【Criminal facts】 On June 4, 2017, the Defendant demanded the victim D (10 years old) to throw away wastes from the 106 North-gu Seoul apartment building at the 1st floor of the building in North-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2017, but was refused, the Defendant was able to check the right side of the victim's face and caused the victim to face from the wall of the building.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of repeated crimes);

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] Crimes of Type 1 (General Assaults) [Special Aggravationd Persons] The punishment is determined as ordered in consideration of various sentencing conditions indicated in the trial proceedings in the instant case, including the following: (a) there is a number of records of crimes related to the same repeated crime (excluding the types of habitual and repeated assault from among the six types] [decision of sentence]; (b) repeated crimes due to the same kind of crime; (c) the repeated crimes are committed during the period of repeated crime due to alcohol dependence; (d) there is a tendency to exercise violence when the alcohol is withdrawn; (d) the victim who is ten years of age merely uses violence without any particular reason; (e) the victim has not been recovered from damage; and (e) the victim is against it.

Rejection of Public Prosecution

1. Facts charged;

A. On April 16, 2017, the Defendant: (a) around 09:45, on April 16, 2017, carried with the victim E (56) in Northern-gu, Seocheon-gu, Seocheon-gu, the Defendant: (b) carried a caner, which was contained in the cooling in F, without paying a large amount of money; (c) was the victim; (d) was subject to restraint by the victim; and (d) was able to brea the victim’s breath while taking the bath for the victim.