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(영문) 전주지방법원 2020.01.23 2019고단1453
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2016, the Defendant was sentenced to imprisonment with prison labor for night, building intrusion, larceny, attempted larceny, etc. in the Militarysan Branch of the Jeonju District Court on November 16, 2016, and completed the execution of the sentence on December 10, 2017.

On December 6, 2018, the Defendant was sentenced to imprisonment with prison labor for eight months for the crime of bodily injury at the Netcheon Branch of the Gwangju District Court, two years for the former District Court on January 18, 2019 for the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months for the former District Court on August 28, 2019 for the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months for the former District Court on October 24, 2019 for the former District Court on February 24, 2019. The Defendant appealed for two years and eight months for the former District Court on October 24,

(Supreme Court Decision 2019Do16747. [Criminal Facts] Around June 24, 2019, around 14:35, the Defendant assaulted the victim’s face one time by hand on the ground that, at the time of TV viewing in the detention room C of the previous correctional institution located in Yansan-gu B of the front city, the Defendant d (49 years of age) opened a television before the victim D (the victim d(D) and the victim d's statement that "I Gara, Dara, I Dora."

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement of each police statement of D and E;

1. Written statements of D and E;

1. A working report;

1. Previous convictions: Criminal records, investigation reports (suspects' criminal records and matters concerning proceedings), personal confinement status, court rulings, application of the Acts and subordinate statutes of the Supreme Court concerning the search of cases;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The Defendant expressed the reason for sentencing Article 35 of the Criminal Act among repeated offenders, even though he had the record of being punished as assault in the same prison as the offense indicated in the judgment, and again expressed the legal aesthetic nature of such crime as committing the same kind of crime in the prison during the repeated crime period.

There was no agreement with the victim at all.

(b) other.

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