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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal power] On January 31, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court on September 12, 2018, and the execution of the sentence was terminated on September 12, 2018. On December 6, 2018, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for fraud and interference with business, which became final and conclusive on May 3, 2019.
【Criminal Facts】
Around 07:00 on February 19, 2019, the Defendant: (a) the victim C (Nam, 39 years of age) who was living together in prison at the upper floor B of the 11st expropriation Dong, the Seoul detention center, which was located in the king-ro, 07:0 on the 143th century, committed assault on the part of the Defendant at one time at the victim’s hand hand with the victim of the defect, stating that “I am not able to have his imprisonment with prison labor for four months; (b) the victim’s mental problem is serious; and (c) the victim committed assault at one time at the victim’s left end.”
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. E statements;
1. Previous convictions in the judgment: Criminal records, investigation reports (the fact that they are repeated suspects), the status of personal confinement, investigation reports (the fact that a trial is pending in an appellate trial of a suspect), copies of the judgment, such as the Seoul Southern District Court Act 2017 Godan5819 (Merger), copies of the judgment, the summary agreement assistance meetings, and copies of the judgment (Seoul Central District Court 2018No3989) shall
1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing of Article 37 (1) and Article 39 (1) of the Criminal Act committed the instant crime without being aware of in the prison during the period of repeated crime.
However, the attitude of confession and reflect on crimes seems to be.
The degree of violence does not seem to be serious.
On May 3, 2019, the principle of equity should be taken into account in cases where a judgment is to be rendered simultaneously with the previous convictions that became final and conclusive.
The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.