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(영문) 서울서부지방법원 2016.04.08 2015고단2751
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 7, 2012, 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 Seoul Central District Court on December 7, 2012, and completed the execution of the sentence in the first intersection of North Korea on May 11, 2015 (the suspension of execution that was sentenced to the same crime by the same court on December 8, 201). On October 23, 2015, the Defendant, around 16:10 on October 23, 2015, she was drunked at the new el Park at the 57-lane after Yongsan-gu Seoul Metropolitan Government, on the ground that it is not good for the Defendant to take a walk on the front side of the children’s el Park, walking at five times at the right right side of the victim C (man, 45 years old), walking at the right side of the kbuck and bucking one by each victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Side photographs of the assault;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated crime period);

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

1. In light of the fact that the Defendant, as stated in the reasoning of sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act, was sentenced to an violent crime and was released from the prison, and that the Defendant again committed the instant assault crime, constitutes a repeated crime, and that the Defendant assaulted a female victim who has a mental delay without any reason in this case, it is inevitable to sentence the Defendant to be sentenced.

However, the above punishment shall be determined in consideration of the fact that the defendant's mistake is recognized, the victim seems not to have been injured, etc.

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