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(영문) 대전지방법원 공주지원 2017.08.11 2017고단11
폭행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Ulsan District Court on November 17, 2014, and the execution of the sentence was terminated on November 17, 2014. On January 13, 2016, the Defendant was under confinement in the Public Medical Care and Custody Center after being sentenced to imprisonment with prison labor for a violation of duties at the Busan High Court on the ground of interference with duties, etc. on January 13, 2016.

[2] On December 19, 2016, around 17:40 on December 19, 2016, the Defendant abused the victim’s face by taking advantage of the victim’s desire while having a dispute with the victim E (38 tax) within the 253 Public Care and Custody Center D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Investigation report (a copy of nursing record attached);

1. A copy of each record of nursing;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes for investigation reports (fixtures such as copies of

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The aggravated area of crimes of Category 1 (General Assaults) [the person subject to special aggravated punishment] of the same type repeated crime (excluding the types of habitual and repeated assault in the six types] [the decision of sentence] Defendant is a repeated crime of the same kind, and the Defendant committed the instant crime during the confinement in a custody center, and committed the instant crime while again during the trial. It is inevitable that the sentence of imprisonment is imposed.

However, it shall be taken into account that the defendant is led to confession and against himself.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.

Rejection of Public Prosecution

1. On March 19, 2017, the Defendant of the facts charged, “2017 Highest 108, the Defendant, at around 20:25 on March 19, 2017, was the victim C (30 years old), who is shower in the treatment and custody room D’s path 253, a first place where the distribution is made.

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