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(영문) 서울남부지방법원 2019.06.19 2019고단1364
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On March 10, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault in the Suwon District Court, and completed the execution of the sentence in the Ansan Prison on June 1, 2017.

【Criminal Facts】

On February 28, 2019, at around 14:06, the Defendant confirmed that the CCTV was actually paid for the food at the “D” restaurant operated by the victim C (hereinafter referred to as the “C”), which was operated by Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “C”), as a result of the confirmation of CCTV as to whether or not the victim paid the food, and subsequently, the Defendant assaulted the victim’s face by walking up one time with the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CCTV closure photographs;

1. Previous convictions: Application of investigation reports (crimes during the past violent force of a suspect and the period of repeated crimes), court rulings or summary orders, six copies of confinement inquiry, and one copy of confinement inquiry;

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, among repeated offenders, has a history of criminal punishment over 16 times in total for several crimes, but further re-offending during the period of repeated crimes resulting from the same crime.

Defendant has already been sentenced to a fine twice for a crime that has already committed during the period of repeated crime.

The degree of violence is more severe, and the victims of old women are likely to feel considerable damage assessment due to the crime of this case.

Nevertheless, the damage has not been recovered.

The sentence of imprisonment against the accused is inevitable.

In the above circumstances, the defendant recognized the crime of this case, the motive and background of the crime of this case, and other various sentencing conditions, including the defendant's age, character and conduct, and family relationship, shall be determined as ordered by the court.

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