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(영문) 서울북부지방법원 2018.11.28 2018고단1270
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Seoul Northern District Court on April 9, 2015, and on November 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the same court on November 30, 2016 and completed the execution of the sentence at the official prison on December 15, 2017.

On March 10, 2018, at around 15:35, the Defendant suffered an injury on the number of days of treatment to the victim, on the ground that the injured person, while drinking alcohol, such as the victim E (54) who was a frane line B B B lending in Seoul, China-gu, and the victim E (54) had a bad speech to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: Application of a reply to inquiry, report on investigation ( current status of inquiry and attachment of judgment related to repeated crimes) and statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act of the aggravated repeated crime has the record of being punished several times due to violence against the defendant for the reason of sentencing, the repeated crime is a repeated crime, the fact that the serious injury may occur, the victim does not want the punishment of the defendant, the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the circumstances after the crime, etc.

Rejection of Public Prosecution

1. The facts charged (2018 Highest 3533, Jul. 21, 2018) found the victim H (48 taxes) with the zer in G following G in the Seoul Jung-gu, Seoul, at around 21:20 on July 21, 2018, the Defendant assaulted the victim by putting the victim's h (48 taxes) at the time when she takes a time room for she she would be able to obtain her telephone within her width.” On the part of her hand, she was 5 times off the line of the victim, she was pushed the victim by pushing him/her over the floor.

2. This part of the facts charged is subject to Article 260(1) of the Criminal Act.

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