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(영문) 서울중앙지방법원 2018.05.24 2017고단8914
폭행
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for a special intimidation by the Jeonju District Court on July 7, 2017, and the judgment became final and conclusive on September 16, 2017, and is still under the suspended sentence.

[2] On December 9, 2017, the Defendant assaulted the victim’s left face side one time as a drinking, on the ground that the victim C(51 years old) met this fighting with the homeless in the front line of No. 1 in Seoul Central District, Seoul Central District No. 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Investigation report (the video-recording reading of underground CCTVs in an open-gu, No. 7-No. 1 Seoul Station 1);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant legal provisions for criminal facts, Article 260(1) of the Criminal Act for the selection of punishment, unfavorable conditions for sentencing of punishment: The fact that a person was sentenced to punishment for the same kind of crime, and that a person committed a case during the period of probation upon being sentenced as stated in the records of criminal records in the judgment, which is favorable to the fact that the damage has not been recovered: The fact that the damage is recognized: the defendant's age, sexual behavior, career, home environment, motive and means of crime, and circumstances that are conditions for sentencing specified in the arguments in the instant case, shall be considered in full.

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