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(영문) 서울남부지방법원 2020.04.22 2019고단925 (1)
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 22, 2017, Defendant A sentenced ten months to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Seoul Southern District Court on December 20, 2017, Defendant A was sentenced to six months of imprisonment with prison labor for special injury in the same court on December 20, 2017 and completed the execution of the sentence in the Seoul Southern Prison on August 26, 2018.

【Criminal Facts】

On January 13, 2019, at around 23:23:23, the Defendant, who was divingd from the stairs of the Dogcheon-ro 351, Guro-gu, Seoul, for the reason that the victim B was faced with the Defendant’s interest, assaulted the victim’s head and sacrife at several times at the end of the victim’s head and sacrife (60cm in length).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Protocol concerning the examination of suspect B;

1. On-site and wooden photo;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspect A repeated offense and confirmation);

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the Defendant repeated the same during the period of repeated crimes, and that there are several records of the same violent crimes.

The sentencing prescribed in Article 51 of the Criminal Act, such as the aforementioned circumstances, the motive and background, means and consequence of the instant crime, the age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered in consideration of the overall circumstances regarding the sentencing prescribed in Article 51 of

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