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(영문) 서울서부지방법원 2015.08.12 2015고단134
폭행등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for an injury in the Busan District Court's Vice-Support on August 10, 2012, and completed the execution of the sentence on June 27, 2013.

around 10:40 on December 24, 2014, the Defendant assaulted the victims of the vehicle who walked twice on the face of the victim C(75 years of age) who sited in the seat of the elderly and the elderly, without any particular reason, in the front line via the front line of subway No. 4 located in the subway No. 306, as the Han River, Yongsan-gu Seoul Metropolitan Government.

around 11:20 on February 14, 2015, the Defendant, “2015 Highest 617”, on the ground that the victim D (the age of 58) was changed to the Defendant within the front dong-dong subway 4, Dongjak-gu, Seoul Metropolitan Government, on the ground that the victim D (the age of 58) was changed to the Defendant, making it difficult for the Defendant to look back to the left eye of the victim.

As a result, the defendant abused the victim, thereby putting the victim on an unexplosion of treatment days.

『2015고단1186』 피고인은 2015. 4. 15. 11:30경 서울 동작구 동작대로 117에 있는 총신대입구역에서 사당역 방면으로 운행 중인 오이도행 4호선 전동차 안에서 공연히 발로 피해자 E(여, 72세)의 얼굴을 걷어찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Photographs (D);

1. A photo of the damaged part (E);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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

1. In the case of concurrent crimes committed against an unspecified or large number of victims, or repeatedly committed for a considerable period of time, the reason for sentencing Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (amended by Presidential Decree No. 1 [the scope of recommending] and Article 1 of the Act.

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