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(영문) 대구지방법원 의성지원 2020.06.11 2020고단104
폭행
Text

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

Reasons

Punishment of the crime

Around 09:30 on February 14, 2020, the Defendant assaulted the victim’s face level with the second half of the second half of the second half of the year, on the ground that the victim C (the age of 37) who was under confinement (the age of 37) used toilets and did not properly arrange after using toilets, the victim’s face level 5, 6 times at the second half of the year, the victim 5, 6 times with the second half of the year, and the victim said, “I have no desire to do so,” and “I have no desire to do so,” at the second half of the year, the victim’s face level 3, 4 times at the end of the year, and the second half of the year.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Written statements in C and D;

1. Application of statutes on work reports;

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 260(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

The favorable circumstances: The defendant recognizes his mistake, repents, and the degree of damage is minor.

The defendant has been punished three times (two times of imprisonment (one time of suspended execution), and one time of fine) due to a violent crime, and in particular, during the period of imprisonment due to a crime of remaining life, the defendant was sentenced to 16 years of imprisonment with prison labor for a crime of remaining life in the Seoul East District Court on September 25, 2015, and is currently under execution of the sentence, which became final and conclusive on March 24, 2016.

In this case, the victim has committed the crime of this case without being aware of, and again, and the victim is punished by the defendant.

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