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(영문) 광주지방법원 해남지원 2018.10.25 2018고단307
존속폭행등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 30, 2008, the Defendant was sentenced to 10 years of imprisonment with prison labor for robbery, etc. at the Seoul High Court, and completed the execution of the sentence at Daejeon Prison on August 25, 2017.

[Criminal facts]

1. Linear assault;

A. On April 26, 2018, the Defendant assaulted the victim’s face, i.e., f., f., who was f.d., f., the victim, who was f.d., in the Republic of Korea, and was f.d., at the home of the victim D (W. 72 years of age), who was f.d., in the Republic of Korea, and was b., on the ground that the victim was f.d., but was f., on the ground that the victim was not her, on

B. On July 21, 2018, from around 10:00 to 11:40, the Defendant assaulted the victim’s left part part of the ship by drinking once by drinking on the floor of the victim’s house in South-Namnam-gun C, and without any reason, by drinking on the victim’s left part.

2. That the Defendant who damaged property does not refuse to do so by mixing boomed rice with the date and time, place specified in subparagraph 1-b, and the victim’s authorized rice.

For the reason that the victim's market price was 10 km of unclaimed rice, the victim's market price was discarded to the floor in front of the floor, and the victim's market price was broken to the head of the unclaimed glass window.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each report on investigation;

1. Each photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the application of statutes on personal expropriation;

1. Relevant provisions of the Criminal Act, Article 260(2) of the Criminal Act (the point of existence of violence) and Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

A. The special aggravation area of crimes Nos. 1 and 2 (Assaults) (Extent of recommendations) is as follows: 4 months to 2 months (special aggravation of punishment).

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