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(영문) 서울남부지방법원 2019.06.20 2018고단6719
폭행
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the prosecution against the victim B is instituted.

Reasons

Punishment of the crime

[criminal power] On April 13, 2017, the Defendant was sentenced to 8 months of imprisonment with labor for the crime of interference with business, etc. at the Seoul Southern District Court, and was released as a ruling of revocation of detention on June 23, 2017 during confinement in Seoul Southern District Court, and the execution of the sentence was terminated on September 16, 2017.

【Criminal Facts】

The Defendant is a person who resides in the Eth of the “D Public Notice Hostel” located in Yangcheon-gu Seoul Metropolitan Government, and the victim F (year 75) is a person who resides in the same public notice G.

On December 30, 2018, around 16:50, the Defendant: (a) thought that the victim had talked with the president of the Kelel on the Defendant; (b) thought that the victim had talked with the president of the Kelel; (c) said, the victim made the visit, satisfying, and satisfying with his hand, and assaulted the victim’s flap.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. A written statement;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The circumstances that are favorable for sentencing Article 35 of the Criminal Act among repeated offenders: the degree of damage suffered by the victim seems relatively insignificant.

D. In light of the circumstances of the instant crime, the Defendant committed the instant assault during the repeated crime period without any reflective nature despite the criminal records, which had been sentenced 14 times all to the same or different criminal records as the instant crime, and committed the instant assault without any particular reason, and in light of the circumstances of the instant crime, such as assaulting the victim without any specific reason, the nature of the crime is very poor.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant: (a) around 00:30 on October 5, 2018, on the frontway of Yangcheon-gu Seoul Metropolitan Government, the victim B (the son and the 53 years old), who is an I taxi engineer, stops the said taxi at the above place; and (b) shoulders passengers free from the rear seat of the taxi; and (c) without any justifiable reason, the Defendant considered the victim “draws.”

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