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(영문) 서울서부지방법원 2019.07.24 2019고단913
폭행
Text

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

Reasons

Punishment of the crime

[Criminal Power] On October 5, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Seoul Western District Court, and on February 17, 2019, the Seoul Southern Southern District Court completed the enforcement of the sentence.

【Criminal Facts】

On March 8, 2019, the Defendant, while drunk in the C Center located in Yongsan-gu Seoul Metropolitan Government on March 14:32, 2019, assaulted the Victim D (year 51) after being tightly in dispute with the Victim D (year 51).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. A photograph of damaged part of the victim;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to four years of imprisonment;

2. Aggravation factors for mitigation of violence [type 1] general assault (type 1]: Where the degree of violence is insignificant (type 1, 6, and 7): the area of mitigation [excluding the area of recommendation and the scope of recommendation] of the punishment according to the sentencing guidelines; the area of mitigation of punishment; one month to eight months of imprisonment;

3. The fact that the instant crime was committed in another time since it did not reach one month after the end of the sentence due to a repeated crime committed during the period of a repeated crime of the same kind in which the sentence is to be sentenced, and that there are several records of punishment for violent crimes: Provided, That the same sentence as the order shall be determined by taking into account all the various circumstances, including the fact that the Defendant misleads and reflects the Defendant by mistake, the degree of assault, the age, character and conduct, career, motive of the Defendant, and circumstances after the commission of the instant crime,

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