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(영문) 서울중앙지방법원 2017.01.20 2016고단1704

A defendant shall be punished by imprisonment for four months.


Punishment of the crime

[criminal records] On April 22, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Central District Court, and completed the execution of the sentence at the Seoul Detention Center on September 20, 2015.

[2] On March 17, 2016, the Defendant: (a) around 14:10 on March 17, 2016, while carrying stuffs in the underground roadways adjacent to the building of Jung-gu Seoul, Jung-gu, Seoul, on the water surface, was fluencing the victim C (43 tax) who was under drinking in the side; (b) however, the Defendant assaulted the victim at least three times at the right side of the victim, with regard to the fact that the victim did not suffer from the disease.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Side photographs of the victim's assault;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and results thereof, and applying Acts and subordinate statutes to the status of personal identifications and confinements;

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 sentencing Article 35 of the Criminal Act for aggravated repeated crimes is a crime committed during the period of repeated crimes, the criminal records of the same kind and several times, the fact that the nature of the crime is poor, and the punishment is determined as ordered in consideration of the age, environment, etc. of the defendant;