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의정부지방법원 고양지원 2020.02.11 2019고합273
폭력행위등처벌에관한법률위반(상습특수상해)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On April 12, 2013, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Goyang Branch of the Jung-gu District Court on April 12, 2013 and completed the execution of the final sentence on August 31, 2017, by committing a special assault at the Jung-gu District Court on July 19, 2017.

【Criminal Facts】

Around 00:10 on June 14, 2018, the Defendant calculated the drinking value at the main point operated by the Victim C (A, 65 years of age) in Soyang-gu, Soyang-gu. Around 00:10, while drunkly calculating the drinking value, the Defendant, without any justifiable reason, dumpeded the victim’s face, and dumpeded the victim’s face for about 21 days.

Summary of Evidence

[Criminal Facts in the market] The scope of recommendation according to the sentencing guidelines for three to five years under Article 35 of the Criminal Act that aggravated repeated crimes under Article 35 of the Act on the Punishment of Violences, etc. under Article 258-2 (1) of the Criminal Act concerning the crime subject to the applicable criminal records of Article 3 (4) 3 of the Act on the Punishment of Violences, etc., and Article 258-2 (1) of the Criminal Act, as to the defendant's written statement statement statement statement statement of the defendant C of the court statement [the scope of recommendation area and recommendation area] of the repeated crime, special injury by repeated crime [the scope of recommendation area and recommendation range] of the repeated crime, 2 to 4 years [the scope of recommendation range corrected by applicable sentences] of imprisonment with prison labor, 3 to 4 years (in accordance with the lowest sentence of applicable sentences under the law) of imprisonment with prison labor], the defendant was punished more than 10 times due to violent crimes, who again makes a statement to the victim's face without any reason.

The defendant is highly likely to be subject to criticism in light of the same criminal records, the circumstances, details, and results of the crime, the relationship with the victim, etc., and the death immediately after the crime in this case.