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(영문) 서울남부지방법원 2018.11.06 2018고단4312
폭행
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On October 1, 2015, the Defendant was sentenced to one year and ten months of imprisonment for fraud, etc. at the Seoul Northern District Court on April 17, 2017, and completed the execution of the sentence at the female prison on April 17, 2017. On August 17, 2018, the Seoul Southern District Court sentenced the Defendant to one year and eight months of imprisonment for fraud, and that judgment became final and conclusive on September 13, 2018.

피고인은 2018. 8. 12. 경 서울 구로구 금오로 865에 있는 서울 남부 구치소 수용 동 제 10 동 상층 C에서, 그곳에 있는 수용자인 피해자 D(39 세 )에게 ‘ 싱크대 문을 살살 닫아 라 ’라고 말하였는데, 이에 피해자가 한숨을 쉰다는 이유로 화가 나 “ 비웃냐

C. The Babbuck’s theory that this son died, and the victim’s left bucks twice, and assaulted the victim as if he wanted to see the victim’s right bucks.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Previous convictions: Results of inquiry, such as criminal history, reporting on the previous convictions of the disposition, reporting on investigation reports (verification of repeated crimes), and application of the text of the judgment;

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

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

1. The latter part of Article 37 of the Criminal Act on the treatment of concurrent crimes: Provided, That the reason for sentencing Article 39(1) of the Criminal Act is very high to punish the defendant, and it is inevitable to sentence sentence that commits a crime during the period of repeated crimes.

However, the sentencing factors indicated in the trial process of this case, such as the defendant's age, sex, environment, criminal record, etc., including the fact that the defendant is led to an offense, and the judgment could have been received simultaneously with the crime for which the judgment became final and conclusive, shall be determined like the order.

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