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Reasons
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(영문) 수원지방법원 성남지원 2017.07.06 2016고단3567
폭행등
Text

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

Reasons

Punishment of the crime

[Criminal Records] On April 1, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Seoul Eastern District Court, and completed the execution of the sentence on October 9, 2014.

[2016 Highest 3567 Criminal facts] On October 29, 2016, the Defendant assaulted the victim’s face face by drinking on the ground that the victim E, who had been engaged in his/her business at a street store, said E, was drinking in another place.

[2016 Highest 4140 Criminal facts] The Defendant, in collaboration with the influence of name, committed an assault against the victim on the ground that the Defendant was faced with the shoulder of the Defendant at around October 21, 2016, at around 15:00 G G in Seongbuk-gu, Sungnam-gu, Sungnam-si, by the Defendant, at around October 21, 2016.

Summary of Evidence

[2016 Highest 3567]

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (Assault) (2016 order 4140);

1. Statement by the defendant in court;

1. Statement made by the police of H;

1. A report on investigation (to hear statements in I) 1 and a reply to inquiry, such as a criminal history;

1. Application of Acts and subordinate statutes of the investigation report (Attachment to the text of the judgment, etc., Attachment No. 3567 of the High Order 3567) and the list of evidence;

1. Relevant Article of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act (the point of joint violence) and the choice of each imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The fact that the defendant's reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is against the defendant, is favorable to the defendant, and that the defendant repeats the crime against an unspecified person even though the defendant is in a repeated offense period, such punishment shall be determined by taking into account the circumstances unfavorable to the defendant as set forth in the above order.

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