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(영문) 서울서부지방법원 2019.07.26 2018고단4159
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 9, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Western District Court, but the sentence of suspended execution was revoked on July 21, 2017, and the execution of the sentence was terminated on May 19, 2018.

【Criminal Facts】

around 02:10 on August 26, 2018, the Defendant assaulted the victim C(52 years of age) at the front road of Yongsan-gu Seoul, Yongsan-gu, Seoul at around 02:10 on August 26, 2018, “I ma. Ma. Ma. Ma. Ma. Ma. Ma.” on the face of the victim two times as drinking.

around 07:50 on December 12, 2018, the Defendant assaulted the victim’s face on one occasion on the ground that the victim F(54 years of age) together with the above location was slick down within the E Center 9 located in Jung-gu Seoul, Jung-gu, Seoul, and that the victim F(54 years of age) was slick.

Summary of Evidence

"2018 Highest 4159"

1. Defendant's legal statement;

1. Statement to C by the police;

1. The 2019 High-class 1656 of the victim's photograph;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, detailed incidents attached to trial records, and application of Acts and subordinate statutes on the status of personal confinement;

1. Relevant Article 260 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with labor for a period from February to March 1;

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