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(영문) 수원지방법원 평택지원 2019.10.24 2019고단1376
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. by the Suwon District Court, and on April 6, 2019, the said judgment became final and conclusive and is currently serving in the horizontal housing site in the Suwon Detention House.

On July 25, 2019, around 11:00, the Defendant: (a) committed a conflict with the victim C (24 years of age) who had been living together in a horizontal housing site in the Suwon-si Dong-dong; and (b) committed an assault against the victim by scambling the victim's scambling by scambling the victim's scam on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. It shall be considered in light of favorable circumstances, such as the fact that the relevant Article of the Criminal Act as to the crime and Article 260(1) of the Criminal Act for the reason of sentencing, confession of the crime in the instant case, and the degree of assault was relatively unhued;

However, in light of the fact that the Defendant re-offending the same record of punishment seven times due to the same crime, and that the instant crime committed an assault against a prisoner in the same room, which is going against the confinement regulation at the end of the dispute, while living a prison life due to a violent crime, was committed again, and the nature of the crime is inferior, the liability for the crime is not weak, and the measures for the recovery of damage are not taken, a sentence of punishment is inevitable to achieve the purpose of punishment for special prevention against the Defendant.

The sentence shall be determined as per the Disposition, taking into account such circumstances as well as various sentencing conditions as shown in the argument of this case.

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