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(영문) 광주지방법원 목포지원 2018.02.01 2017고단528
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On May 1, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Gwangju District Court, and completed the execution of the sentence on July 12, 2016.

[2] On January 28, 2017, the Defendant: (a) assaulted the victim’s head, back to the top of hand, on one occasion on the ground that the victim C (53 years) was seated for a long time and was unable to sit other customers because he/she did not sit in TV. (b) On January 28, 2017, the Defendant used the part of the victim’s head, back to the back of the victim’s head. (c)

“E” restaurant located in Gwangju Mine-gu from around 15:20 on August 20, 2017 to 15:42, the Defendant requested the victim to pay the amount of meal expenses from the victim F (V, 57 years of age) who is an employee at the “E” restaurant located in Gwangju Mine-gu, “A son’s Republic of Korea, I am? I am? I am? I am? I am? I am?

Along about 20 minutes, the victim’s restaurant business was interfered with, such as: (a) he / she takes a large bath; (b) fluoring his/her happiness; and (c) fluoring his/her customers in the place; and (d) fluoring them.

Summary of Evidence

[2017 Highest 528]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (where a crime is committed, motion picture CDs) (2017 high group 1449);

1. Statement by the defendant in court;

1. Each written statement F and G (before judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of Acts and subordinate statutes concerning the confinement of individuals;

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

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

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: (a) there was a record of being punished several times for violent crimes; (b) the circumstances in which each of the instant crimes constitutes a repeated crime; (c) the circumstances in which each of the instant crimes is favorable to repeated crimes; (d) the damage is relatively minor; and (e) the damage is relatively minor; and (e) the person who

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