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(영문) 수원지방법원 안양지원 2020.01.10 2019고단1903
폭행등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 8, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special property damage, etc. at the Seoul Central District Court, and completed the execution of the sentence on May 17, 2019.

【Criminal Facts】

1. Around 14:20 on August 2, 2019, the Defendant assaulted the victim’s threshold one time by drinking in the Seoul detention center AF head office located in 143, G and Si expenses, and on the ground that the victim AG and Si expenses became chemicalized.

2. The Defendant continued to have expressed, at the same time and place as Paragraph 1, a prison officer working for the pertinent prison, who intends to separate the said AG and the Defendant, expressed that “a prison officer working for the said prison, who intends to separate the said AG and the Defendant,” and “AH’s legitimate execution of duties on the safety of confinement facilities and the maintenance of order,” and that, upon considering the Defendant’s hand, the Defendant’s knife of the said knife knife knife knife knife knife knife knife,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to AG, AI, and AJ;

1. A working report;

1. Photographs;

1. Investigation report (report on the closure of the main surface of video recording devices), photographs;

1. Previous records: Criminal records, current status of personal confinement, previous records of disposition and results of confirmation, and application of statutes governing judgment;

1. Article 136 (1) and Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the relevant provision of the Criminal Act and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act seems to be recognized and reflected.

It is difficult to view that the degree of violence is serious.

AH related to paragraph 2 of the ruling is not punishable against the defendant.

However, each of the crimes in prison was committed during the period of repeated crime, and committed each of the crimes in prison under trial while being detained due to obstruction of performance of official duties.

The sentencing conditions are considered, such as these circumstances, the age, health conditions, and environment of the defendant.

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