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(영문) 서울서부지방법원 2018.02.21 2017고단3155
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for assault at Seoul Western District Court on August 26, 2016 and completed the execution of the sentence at the Seoul Southern District Court on October 14, 2016.

【Criminal facts】 Around September 24, 2017, the Defendant assaulted the victim F(35 years) on the hand floor on the ground that the victim F(35 years) was under drinking alcohol at the main store in Yongsan-gu Seoul, Yongsan-gu, Seoul on September 24, 2017.

On October 24, 2017, from around 10:50 to 11:00 of the same day, the Defendant: (a) expressed a bath while under influence of alcohol at the victim G (27 years of age)’s main points in this management; and (b) received a request for removal from the damaged party by putting away from the room, such as putting the head of another customer’s hair, and putting him/her out the room, and interfered with the victim’s main duties by force, by force, on the ground that he/she gets out of the room.

Summary of Evidence

"2017 Highest 3155"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Previous convictions in judgment: Investigation report (the current status of personal confinement and sentence of judgment), 2017 order 3232;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 314 (1) of the Criminal Act (the point of violence) concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not only more than 10 times the criminal records of punishment for the same crime from around 2000, but also not less than 10 times the criminal records of punishment for the same crime, but also the defendant continues to engage in an act of drinking alcohol or interfering with business without being able to do so even though he/she had been sentenced to punishment for the same crime.

The degree of violence is not easy and it is not agreed with the victims.

However, the defendant himself.

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